cloud consultation
Vickram Crishna <v1clist-/[email protected]> Sun, 12 Jun 2016 10:44:09 +0000 (UTC)
| Newsgroups | gmane.org.telecom.india-gii |
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--===============4606538937097138201== Content-Type: multipart/alternative; boundary="----=_Part_2677641_1344402165.1465728249721" Content-Length: 29896 ------=_Part_2677641_1344402165.1465728249721 Content-Type: text/plain; charset=UTF-8 Content-Transfer-Encoding: quoted-printable An assessment (The Wire): http://thewire.in/2016/06/11/cross-border-data-flows-debate-hits-india-as-t= rai-issues-paper-on-cloud-services-42300/ Cross-Border Data Flows Debate Hits India as TRAI Issues Paper on Cloud Ser= vices BY=C2=A0ANUJ SRIVAS=C2=A0ON=C2=A011/06/2016=C2=A0 Clocking in at a whopping 119 pages and a little over 20 questions, this is= one of TRAI=E2=80=99s most broadly-focused and comprehensive consultations= in recent times. Data centres are the new battleground of regulation when it comes to privac= y and data protection. Credit: Sean Ellis, Flickr CC BY 2.0 New Delhi:=C2=A0With a=C2=A0new consultation paper=C2=A0on cloud computing,= the Telecom Regulatory Authority of India (TRAI) is looking to continue it= s trend of tackling the biggest and most burning digital issues that face I= ndia=E2=80=99s government. This time around, the telecom regulator is looking to kick-start debate ove= r the challenges that arise in regulating the flow of data through the nume= rous cloud-based platforms that underpin our digital life. Questions of cross-border flow of data, licensing of cloud-based services a= nd best practices on how to successfully carry out law-enforcement requests= are a few examples. Clocking in at a whopping 119 pages and a little over = 20 questions, this is one of TRAI=E2=80=99s most broadly-focused and compre= hensive consultations in recent times. While the paper addresses everything from how to increase implementation of= government cloud services to interoperability and security issues, the por= tion concerning the legal and regulatory framework for domestic and foreign= cloud services is likely to be the focus of debate and discussion in the c= oming weeks. =E2=80=9CRegulations should be put in place to protect the interests of bot= h cloud services providers and the consumers.Regulations are also required = for standardization of technical parameters associated with cloud computing= networks. Legal framework under which the cloud operates becomes very impo= rtant..,=E2=80=9D the regulator says in the paper=E2=80=99s introductory se= ction. The rest of the paper is divided into six broad sections: cloud security, q= uality of service, interoperability, legal framework for jurisdictions, cos= t benefit analysis and incentivising the implementation of cloud services i= n governments.=C2=A0The Wire=C2=A0breaks down the most crucial portions bel= ow, with examples of the problems that India is currently undergoing=E2=80= =A6 Security and=C2=A0cross-border =E2=80=93 where, when and why? In a sub-section on =E2=80=98Cross Border or Data Location Security Issues= =E2=80=99, TRAI implicitly references=C2=A0the global debate=C2=A0on what r= estrictions should be applied to the free flow of data by detailing how var= ious European Union States have dealt with the issue. =E2=80=9COne of the top security concerns=E2=80=A6 is the physical location= of the data especially if they are located in another country because the = laws of the host country apply to the machine and data residing on it=E2=80= =A6As an example, the data protection laws of the European Union member sta= tes are extremely complex. The transfer of personal data outside these regi= ons needs to be handled in very specific way,=E2=80=9D the paper states. The problem that confronts and concerns the privacy of India=E2=80=99s resi= dents, that TRAI is looking to gain more information on, is this: Should In= ternet services be, at minimum, required to inform you that your data is be= ing sent and processed outside India?=C2=A0 Building on this principle, in = a more extreme measure, if data is sent outside India should a data control= ler in India ensure that specific conditions surrounding the privacy and se= curity of that data are met? The issues surrounding the security of every jurisdiction that is part of t= he cross-border data flow process are addressed in questions 10 and 11 of t= he consultation paper: Question 10- Enumerate in detail with justification, the provisions that ne= ed to be put in place to ensure that the cloud services being offered are s= ecure. Question 11 =E2=80=93 What are the termination or exit provisions that need= to be defined for ensuring security of data or information over cloud? Whither regulatory framework? In the opening parts of the section on what legal and regulatory frameworks= could be applied to cloud computing and data sovereignty in India, TRAI ex= amines currently existing legislation and how it could be applied to the pr= oblem at hand. The regulator starts from the Indian Telegraph Act of 1885 and goes up to t= he much-criticized Information Technology Act =E2=80=93 2000 & Information = Technology Rules 2011. Most significantly, TRAI notes that the =E2=80=9Cwid= e-reaching jurisdiction conferred by the IT Act=E2=80=9D with regard to dat= a ownership/privacy/security=E2=80=9D could lay the groundwork for imposing= =C2=A0Indian jurisdiction on issues =E2=80=9Carising from the use of cloud= services by Indian persons=E2=80=9D. While the idea of using Indian jurisdiction and legal justification for Ind= ian users of foreign services isn=E2=80=99t new in other industries, this i= s the first proper articulation of a similar approach for the digital spher= e. Ultimately, however, TRAI dismisses existing legislation as =E2=80=9Cthe= y don=E2=80=99t contemplate the scope of cloud computing services and the r= esultant magnification of the issues..=E2=80=9D. Consequently, it calls for= the birth of new and =E2=80=9Cspecific regulation whereby any emergent iss= ues can be dealt with directly and effectively.=E2=80=9D What should this regulatory framework deal with? The consultation paper poi= nts in a few directions, all of which are hotly contested in legal-technolo= gy-policy circles and even amongst various Western governments. Law enforcement The framework, as TRAI spells out, should ideally deal with =E2=80=9Cregula= tion of investigatory powers, regulation on stored communication, mandatory= guidelines for national security, state privacy laws=E2=80=9D. However, the paper itself devotes good chunk of attention towards law enfor= cement. TRAI starts from a basic assumption, that the Internet and digital = ICTs has hobbled the practice of law enforcement; a phenomenon that most re= cently manifested in the showdown between Apple and the FBI. The consultation paper helpfully points out that =E2=80=9Cmachines and data= are no longer physically in one place or national boundary=E2=80=9D and th= at today=E2=80=99s =E2=80=9Cencryption and security of data are far stronge= r and of industrial grade.=E2=80=9D Consequently,=C2=A0Question 15=C2=A0ask= s: =E2=80=9CWhat polices [sic], systems and processes are required to be de= fined for information governance framework in Cloud, from lawful intercepti= on point of view and particularly if it is hosted in a different country?= =E2=80=9D One solution that TRAI offers to the problem of law enforcement is a rather= blatant reference to the concept of data localisation =E2=80=94 where the = data of Indian users would remain on Indian soil. =E2=80=9CTo overcome the = problem of multiple jurisdictions, one of the possibilities may be to manda= te the cloud service providers to host the data centres only in India,=E2= =80=9D the paper says. Other less controversial examples include bringing about a US regime on dat= a, where critical information such as health records, financial transaction= s and tax returns would come with specific restrictions if transferred acro= ss different countries. For instance, in this case, the medical or health d= ata of Indian residents would not be sent to countries that India deems uns= afe or lacking in data protection laws. Unfortunately, it appears that in order to strictly regulate foreign and do= mestic cloud companies, TRAI falls back on a much-criticized example: a lic= ence regime.=C2=A0Question 16=C2=A0of the consultation paper asks: =E2=80= =9CWhat shall be the scope of cloud computing services in law? What is your= view on providing licence or registration to cloud service providers so as= to subject them to the obligations thereunder?=E2=80=9D The idea of a licence regime for technology companies is not new: China, an= d to a lesser extent Russia, have perfected this model. If companies like U= ber for instance wish to operate in either China or Russia they are require= d to open local data centres where the data of the company=E2=80=99s Russia= n and Chinese users must be stored. Closer to home, TRAI=E2=80=99s last con= sultation paper on OTT (over-the-top) applications also hinted at whether a= licence regime would be necessary to help regulate instant messaging compa= nies such as WhatsApp. On the other hand, TRAI still appears to be open to other solutions to how = to more effectively enforce law-enforcement in the time of Facebook and Goo= gle. The=C2=A0issue of prodding=C2=A0Silicon Valley-based companies into he= lping out Indian security agencies such as CBI assumed centre-stage during = Prime Minister Modi=E2=80=99s recent to the US. Both governments=C2=A0relea= sed=C2=A0a =E2=80=9Cframework for US-India Cyber Relationship=E2=80=9D, one= point in which expresses =E2=80=9C a commitment to promote closer cooperat= ion among law enforcement agencies to combat cybercrime=E2=80=9D. TRAI, and consequently the Department of Telecommunications, appear to be i= nterested in this as well.=C2=A0Question 17=C2=A0of the paper asks the publ= ic =E2=80=9Cwhat protocol for cloud service providers to submit to the terr= itorial jurisdiction of India for the purpose of lawful access of informati= on?=E2=80=9D Carrot and the stick The final section of the TRAI consultation paper, mostly because in additio= n to the stick of forcing companies to open data centres in India, it also = seems open to receiving feedback on how market incentives can accelerate cl= oud adoption in government services and encourage domestic cloud services. The regulator correctly notes that in countries such as India (and even Bra= zil to a lesser extent) physical factors such as the lack of a reliable pow= er supply, road infrastructure as well as network stability have resulted i= n an environment that doesn=E2=80=99t encourage local or domestic data cent= res. It also notes that in order to make up for these disadvantages, it=E2=80=99= s possible that a new tax regime is necessary. =E2=80=9CIt is to be conside= red as to what tax regime should be employed for cloud service providers in= india and whether tax benefits shall be given to them, for promoting the a= doption of cloud services in the country,=E2=80=9D the paper says. Questions=C2=A018-21 address this: Should tax subsidies be given? What step= s can be taken to promote establishment centres of data centres in India? S= hould there be a dedicated cloud for government applications? Simply put, TRAI, who after this round of consultations will submit a set o= f recommendations to the Department of Telecommunications, is looking to ta= me the Wild Wild West that is cloud services in India today. How should dat= a that is created by Indians, in India, on foreign technology platforms be = governed? How should that data be treated? Is it even possible without nati= onal privacy and data protection legislation? How can the long arm of law e= nforcement be restored? TRAI hopes to answer these questions and in the process, shape the digital = future of India. Sent from Yahoo Mail on Android ------=_Part_2677641_1344402165.1465728249721 Content-Type: text/html; charset=UTF-8 Content-Transfer-Encoding: quoted-printable <div><br></div><div id=3D"message" class=3D"mail-message-content " style=3D= "font-family: sans-serif; font-size: 28.16px; zoom: 1.86335;"><div dir=3D"l= tr"><div class=3D"gmail_quote" style=3D"clear: both;"><div dir=3D"ltr"><div= id=3D"yMail_cursorElementTracker_0.2612860649741797">An assessment (The Wi= re):</div><div><br></div><div><a href=3D"http://thewire.in/2016/06/11/cross= -border-data-flows-debate-hits-india-as-trai-issues-paper-on-cloud-services= -42300/" target=3D"_blank" data-saferedirecturl=3D"https://www.google.com/u= rl?q=3Dhttp://thewire.in/2016/06/11/cross-border-data-flows-debate-hits-ind= ia-as-trai-issues-paper-on-cloud-services-42300/&source=3Dgmail&ust= =3D1465797490324000&usg=3DAFQjCNEcyizK-gmn-kYY2qLWVuzm3KdDOA">http://th= ewire.in/2016/06/11/<wbr>cross-border-data-flows-<wbr>debate-hits-india-as-= trai-<wbr>issues-paper-on-cloud-<wbr>services-42300/</a><br></div><div><br>= </div><div><br></div><div><br></div><div><br></div><div><h1 style=3D"font-s= ize: 56.7182px; margin: 0px 0px 5px; color: rgb(26, 26, 26); font-family: L= ato, Arial, sans-serif; line-height: 1.1667;">Cross-Border Data Flows Debat= e Hits India as TRAI Issues Paper on Cloud Services</h1><div style=3D"font-= size: 0.75em; color: rgb(153, 153, 153); margin: 5px 0px 30px 1px; text-tra= nsform: uppercase; letter-spacing: 1px; font-family: 'Noto Serif', Georgia,= serif;">BY <a href=3D"http://thewire.in/author/asrivas/" title=3D"Vie= w all posts by Anuj Srivas" rel=3D"author" target=3D"_blank" data-saferedir= ecturl=3D"https://www.google.com/url?q=3Dhttp://thewire.in/author/asrivas/&= amp;source=3Dgmail&ust=3D1465797490324000&usg=3DAFQjCNHARHwe7VbJ092= mxm0aav1n7_Zt6Q" style=3D"color: rgb(214, 85, 72); text-decoration: none;">= ANUJ SRIVAS</a> ON <a href=3D"http://thewire.in/2016/06/11/cross-= border-data-flows-debate-hits-india-as-trai-issues-paper-on-cloud-services-= 42300/" title=3D"4:30 pm" rel=3D"bookmark" target=3D"_blank" data-saferedir= ecturl=3D"https://www.google.com/url?q=3Dhttp://thewire.in/2016/06/11/cross= -border-data-flows-debate-hits-india-as-trai-issues-paper-on-cloud-services= -42300/&source=3Dgmail&ust=3D1465797490324000&usg=3DAFQjCNEcyiz= K-gmn-kYY2qLWVuzm3KdDOA" style=3D"color: rgb(214, 85, 72); text-decoration:= none;">11/06/2016</a> </div><div style=3D"clear: both;"><div style=3D= "padding: 15px 0px 10px; border-color: rgba(0, 0, 0, 0.0470588);"><div></di= v><div></div></div></div><h3 style=3D"font-size: 22.6869px; margin-bottom: = 15px; color: rgb(26, 26, 26); font-family: Lato, Arial, sans-serif; line-he= ight: 1.1667; margin-top: 0px; font-weight: normal;">Clocking in at a whopp= ing 119 pages and a little over 20 questions, this is one of TRAI=E2=80=99s= most broadly-focused and comprehensive consultations in recent times.</h3>= <div data-width=3D"917px" data-minwidth=3D"" data-maxwidth=3D"100%" style= =3D"padding: 5px; text-align: center; margin: 10px auto 15px; max-width: 10= 0%; clear: both; width: 917px; background: rgb(242, 242, 242);"><p style=3D= "margin: 0px; padding: 0px; color: rgb(128, 128, 128); font-size: 0.8em;">D= ata centres are the new battleground of regulation when it comes to privacy= and data protection. Credit: Sean Ellis, Flickr CC BY 2.0</p></div><p styl= e=3D"margin: 0px 0px 30px;"><b>New Delhi:</b> With a <a href=3D"h= ttp://www.trai.gov.in/WriteReaddata/ConsultationPaper/Document/Cloud_Comput= ing_Consultation_paper_10_june_2016.pdf" target=3D"_blank" data-saferedirec= turl=3D"https://www.google.com/url?q=3Dhttp://www.trai.gov.in/WriteReaddata= /ConsultationPaper/Document/Cloud_Computing_Consultation_paper_10_june_2016= .pdf&source=3Dgmail&ust=3D1465797490324000&usg=3DAFQjCNGRZBOGIM= bsg4EGNMrG04ckLG4GSw" style=3D"color: rgb(192, 57, 43); text-decoration: no= ne;">new consultation paper </a>on cloud computing, the Telecom Regula= tory Authority of India (TRAI) is looking to continue its trend of tackling= the biggest and most burning digital issues that face India=E2=80=99s gove= rnment.</p><p style=3D"margin: 0px 0px 30px;">This time around, the telecom= regulator is looking to kick-start debate over the challenges that arise i= n regulating the flow of data through the numerous cloud-based platforms th= at underpin our digital life.</p><p style=3D"margin: 0px 0px 30px;">Questio= ns of cross-border flow of data, licensing of cloud-based services and best= practices on how to successfully carry out law-enforcement requests are a = few examples. Clocking in at a whopping 119 pages and a little over 20 ques= tions, this is one of TRAI=E2=80=99s most broadly-focused and comprehensive= consultations in recent times.</p><p style=3D"margin: 0px 0px 30px;">While= the paper addresses everything from how to increase implementation of gove= rnment cloud services to interoperability and security issues, the portion = concerning the legal and regulatory framework for domestic and foreign clou= d services is likely to be the focus of debate and discussion in the coming= weeks.</p><p style=3D"margin: 0px 0px 30px;">=E2=80=9CRegulations should b= e put in place to protect the interests of both cloud services providers an= d the consumers.Regulations are also required for standardization of techni= cal parameters associated with cloud computing networks. Legal framework un= der which the cloud operates becomes very important..,=E2=80=9D the regulat= or says in the paper=E2=80=99s introductory section.</p><p style=3D"margin:= 0px 0px 30px;">The rest of the paper is divided into six broad sections: c= loud security, quality of service, interoperability, legal framework for ju= risdictions, cost benefit analysis and incentivising the implementation of = cloud services in governments. <i>The Wire</i> breaks down the mo= st crucial portions below, with examples of the problems that India is curr= ently undergoing=E2=80=A6</p><p style=3D"margin: 0px 0px 30px;"><b>Security= and cross-border =E2=80=93 where, when and why?</b></p><p style=3D"ma= rgin: 0px 0px 30px;">In a sub-section on =E2=80=98Cross Border or Data Loca= tion Security Issues=E2=80=99, TRAI implicitly references <a href=3D"h= ttps://www.washingtonpost.com/news/monkey-cage/wp/2016/06/02/the-u-s-wants-= to-maintain-cross-border-data-flows-that-may-be-tough/" target=3D"_blank" d= ata-saferedirecturl=3D"https://www.google.com/url?q=3Dhttps://www.washingto= npost.com/news/monkey-cage/wp/2016/06/02/the-u-s-wants-to-maintain-cross-bo= rder-data-flows-that-may-be-tough/&source=3Dgmail&ust=3D14657974903= 24000&usg=3DAFQjCNHjuapC_xh7T9x9mfYsVUZYkCZ_og" style=3D"color: rgb(192= , 57, 43); text-decoration: none;">the global debate</a> on what restr= ictions should be applied to the free flow of data by detailing how various= European Union States have dealt with the issue.</p><p style=3D"margin: 0p= x 0px 30px;">=E2=80=9COne of the top security concerns=E2=80=A6 is the phys= ical location of the data especially if they are located in another country= because the laws of the host country apply to the machine and data residin= g on it=E2=80=A6As an example, the data protection laws of the European Uni= on member states are extremely complex. The transfer of personal data outsi= de these regions needs to be handled in very specific way,=E2=80=9D the pap= er states.</p><p style=3D"margin: 0px 0px 30px;">The problem that confronts= and concerns the privacy of India=E2=80=99s residents, that TRAI is lookin= g to gain more information on, is this: Should Internet services be, at min= imum, required to inform you that your data is being sent and processed out= side India? Building on this principle, in a more extreme measure, if= data is sent outside India should a data controller in India ensure that s= pecific conditions surrounding the privacy and security of that data are me= t?</p><p style=3D"margin: 0px 0px 30px;">The issues surrounding the securit= y of every jurisdiction that is part of the cross-border data flow process = are addressed in questions 10 and 11 of the consultation paper:</p><p style= =3D"margin: 0px 0px 30px;"><i>Question 10- Enumerate in detail with justifi= cation, the provisions that need to be put in place to ensure that the clou= d services being offered are secure.</i></p><p style=3D"margin: 0px 0px 30p= x;"><i>Question 11 =E2=80=93 What are the termination or exit provisions th= at need to be defined for ensuring security of data or information over clo= ud?</i></p><p style=3D"margin: 0px 0px 30px;"><b>Whither regulatory framewo= rk?</b></p><p style=3D"margin: 0px 0px 30px;">In the opening parts of the s= ection on what legal and regulatory frameworks could be applied to cloud co= mputing and data sovereignty in India, TRAI examines currently existing leg= islation and how it could be applied to the problem at hand.</p><p style=3D= "margin: 0px 0px 30px;">The regulator starts from the Indian Telegraph Act = of 1885 and goes up to the much-criticized Information Technology Act =E2= =80=93 2000 & Information Technology Rules 2011. Most significantly, TR= AI notes that the =E2=80=9Cwide-reaching jurisdiction conferred by the IT A= ct=E2=80=9D with regard to data ownership/privacy/security=E2=80=9D could l= ay the groundwork for imposing Indian jurisdiction on issues =E2=80= =9Carising from the use of cloud services by Indian persons=E2=80=9D.</p><p= style=3D"margin: 0px 0px 30px;">While the idea of using Indian jurisdictio= n and legal justification for Indian users of foreign services isn=E2=80=99= t new in other industries, this is the first proper articulation of a simil= ar approach for the digital sphere. Ultimately, however, TRAI dismisses exi= sting legislation as =E2=80=9Cthey don=E2=80=99t contemplate the scope of c= loud computing services and the resultant magnification of the issues..=E2= =80=9D. Consequently, it calls for the birth of new and =E2=80=9Cspecific r= egulation whereby any emergent issues can be dealt with directly and effect= ively.=E2=80=9D</p><p style=3D"margin: 0px 0px 30px;">What should this regu= latory framework deal with? The consultation paper points in a few directio= ns, all of which are hotly contested in legal-technology-policy circles and= even amongst various Western governments.</p><p style=3D"margin: 0px 0px 3= 0px;"><b>Law enforcement</b></p><p style=3D"margin: 0px 0px 30px;">The fram= ework, as TRAI spells out, should ideally deal with =E2=80=9Cregulation of = investigatory powers, regulation on stored communication, mandatory guideli= nes for national security, state privacy laws=E2=80=9D.</p><p style=3D"marg= in: 0px 0px 30px;">However, the paper itself devotes good chunk of attentio= n towards law enforcement. TRAI starts from a basic assumption, that the In= ternet and digital ICTs has hobbled the practice of law enforcement; a phen= omenon that most recently manifested in the showdown between Apple and the = FBI.</p><p style=3D"margin: 0px 0px 30px;">The consultation paper helpfully= points out that =E2=80=9Cmachines and data are no longer physically in one= place or national boundary=E2=80=9D and that today=E2=80=99s =E2=80=9Cencr= yption and security of data are far stronger and of industrial grade.=E2=80= =9D Consequently, <i>Question 15</i> asks: =E2=80=9CWhat polices = [sic], systems and processes are required to be defined for information gov= ernance framework in Cloud, from lawful interception point of view and part= icularly if it is hosted in a different country?=E2=80=9D</p><p style=3D"ma= rgin: 0px 0px 30px;">One solution that TRAI offers to the problem of law en= forcement is a rather blatant reference to the concept of data localisation= =E2=80=94 where the data of Indian users would remain on Indian soil. =E2= =80=9CTo overcome the problem of multiple jurisdictions, one of the possibi= lities may be to mandate the cloud service providers to host the data centr= es only in India,=E2=80=9D the paper says.</p><p style=3D"margin: 0px 0px 3= 0px;">Other less controversial examples include bringing about a US regime = on data, where critical information such as health records, financial trans= actions and tax returns would come with specific restrictions if transferre= d across different countries. For instance, in this case, the medical or he= alth data of Indian residents would not be sent to countries that India dee= ms unsafe or lacking in data protection laws.</p><p style=3D"margin: 0px 0p= x 30px;">Unfortunately, it appears that in order to strictly regulate forei= gn and domestic cloud companies, TRAI falls back on a much-criticized examp= le: a licence regime. <i>Question 16</i> of the consultation pape= r asks: =E2=80=9CWhat shall be the scope of cloud computing services in law= ? What is your view on providing licence or registration to cloud service p= roviders so as to subject them to the obligations thereunder?=E2=80=9D</p><= p style=3D"margin: 0px 0px 30px;">The idea of a licence regime for technolo= gy companies is not new: China, and to a lesser extent Russia, have perfect= ed this model. If companies like Uber for instance wish to operate in eithe= r China or Russia they are required to open local data centres where the da= ta of the company=E2=80=99s Russian and Chinese users must be stored. Close= r to home, TRAI=E2=80=99s last consultation paper on OTT (over-the-top) app= lications also hinted at whether a licence regime would be necessary to hel= p regulate instant messaging companies such as WhatsApp.</p><p style=3D"mar= gin: 0px 0px 30px;">On the other hand, TRAI still appears to be open to oth= er solutions to how to more effectively enforce law-enforcement in the time= of Facebook and Google. The <a href=3D"http://www.thehindu.com/opinio= n/op-ed/what-apple-versus-fbi-means-for-india/article8272521.ece" target=3D= "_blank" data-saferedirecturl=3D"https://www.google.com/url?q=3Dhttp://www.= thehindu.com/opinion/op-ed/what-apple-versus-fbi-means-for-india/article827= 2521.ece&source=3Dgmail&ust=3D1465797490324000&usg=3DAFQjCNHB_B= mBV_8x2hcuKGFY0EmV1mGq-Q" style=3D"color: rgb(192, 57, 43); text-decoration= : none;">issue of prodding</a> Silicon Valley-based companies into hel= ping out Indian security agencies such as CBI assumed centre-stage during P= rime Minister Modi=E2=80=99s recent to the US. Both governments <a hre= f=3D"https://www.whitehouse.gov/the-press-office/2016/06/07/fact-sheet-fram= ework-us-india-cyber-relationship" target=3D"_blank" data-saferedirecturl= =3D"https://www.google.com/url?q=3Dhttps://www.whitehouse.gov/the-press-off= ice/2016/06/07/fact-sheet-framework-us-india-cyber-relationship&source= =3Dgmail&ust=3D1465797490324000&usg=3DAFQjCNH_k80veYr93rrtNbDZvVT-A= HJ-bQ" style=3D"color: rgb(192, 57, 43); text-decoration: none;">released</= a> a =E2=80=9Cframework for US-India Cyber Relationship=E2=80=9D, one = point in which expresses =E2=80=9C a commitment to promote closer cooperati= on among law enforcement agencies to combat cybercrime=E2=80=9D.</p><p styl= e=3D"margin: 0px 0px 30px;">TRAI, and consequently the Department of Teleco= mmunications, appear to be interested in this as well. <i>Question 17<= /i> of the paper asks the public =E2=80=9Cwhat protocol for cloud serv= ice providers to submit to the territorial jurisdiction of India for the pu= rpose of lawful access of information?=E2=80=9D</p><p style=3D"margin: 0px = 0px 30px;"><b>Carrot and the stick</b></p><p style=3D"margin: 0px 0px 30px;= ">The final section of the TRAI consultation paper, mostly because in addit= ion to the stick of forcing companies to open data centres in India, it als= o seems open to receiving feedback on how market incentives can accelerate = cloud adoption in government services and encourage domestic cloud services= .</p><p style=3D"margin: 0px 0px 30px;">The regulator correctly notes that = in countries such as India (and even Brazil to a lesser extent) physical fa= ctors such as the lack of a reliable power supply, road infrastructure as w= ell as network stability have resulted in an environment that doesn=E2=80= =99t encourage local or domestic data centres.</p><p style=3D"margin: 0px 0= px 30px;">It also notes that in order to make up for these disadvantages, i= t=E2=80=99s possible that a new tax regime is necessary. =E2=80=9CIt is to = be considered as to what tax regime should be employed for cloud service pr= oviders in india and whether tax benefits shall be given to them, for promo= ting the adoption of cloud services in the country,=E2=80=9D the paper says= .</p><p style=3D"margin: 0px 0px 30px;"><i>Questions</i> 18-21 address= this: Should tax subsidies be given? What steps can be taken to promote es= tablishment centres of data centres in India? Should there be a dedicated c= loud for government applications?</p><p style=3D"margin: 0px 0px 30px;">Sim= ply put, TRAI, who after this round of consultations will submit a set of r= ecommendations to the Department of Telecommunications, is looking to tame = the Wild Wild West that is cloud services in India today. How should data t= hat is created by Indians, in India, on foreign technology platforms be gov= erned? How should that data be treated? Is it even possible without nationa= l privacy and data protection legislation? How can the long arm of law enfo= rcement be restored?</p><p style=3D"margin: 0px 0px 30px;" id=3D"yMail_curs= orElementTracker_0.4675873653569407">TRAI hopes to answer these questions a= nd in the process, shape the digital future of India.</p></div></div></div>= </div></div><div id=3D"pinch-jank-hack" style=3D"font-family: sans-serif; f= ont-size: 28.16px; line-height: 39.424px; height: 100px;"></div><br><div id= =3D"ymail_android_signature"><a href=3D"https://overview.mail.yahoo.com/mob= ile/?.src=3DAndroid">Sent from Yahoo Mail on Android</a></div> ------=_Part_2677641_1344402165.1465728249721-- --===============4606538937097138201== Content-Type: text/plain; charset="utf-8" MIME-Version: 1.0 Content-Transfer-Encoding: base64 Content-Disposition: inline X19fX19fX19fX19fX19fX19fX19fX19fX19fX19fX19fX19fX19fX19fX19fX18KSW5kaWEtZ2lp IG1haWxpbmcgbGlzdApJbmRpYS1naWlAbGlzdHMuaW5kaWEtZ2lpLm9yZwpodHRwczovL2xpc3Rz LmluZGlhLWdpaS5vcmcvbWFpbG1hbi9saXN0aW5mby9pbmRpYS1naWkK --===============4606538937097138201==--