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The government is looking to set up a legal framework that will let it legally snoop into various cloud computing services, including email, instant messaging and photo-sharing services.
The Telecom Regulatory Authority of India rolled out a new paper on Friday, titled ‘Consultation paper on cloud computing’, and has sought comments on how to regulate the segment in the country.
Cloud computing services vary widely and cover a range of services from email to Facebook to Instagram; they also include storage and computer-as-a-service offered by companies such as Amazon, IBM and Microsoft.
Why does the government suddenly feel the need to regulate cloud computing? Many reasons are cited, but the key aspect is summed up here: “The regulations need to be evolved for cloud computing in India for regulation of investigatory powers, regulation on stored communication, mandatory guidelines for national security for cloud operation and lawful interception and monitoring by Law Enforcement Agencies, State Privacy Laws and Fair Credit Reporting Act etc.”
Currently, cloud providers have no obligation to store their data in India even if their customer resides in India. Companies such as Google and Amazon store data across geographies, usually to create back-ups in case of any disaster. However, that makes it difficult for law enforcement agencies to retrieve the desired data when required. This is because Indian agencies cannot enforce their authority outside the country’s borders.
The 119-page TRAI consultation paper, therefore, is asking stakeholders to comment on what polices, systems and processes are required to be defined for an information governance framework for the cloud, from a lawful interception point of view and particularly if it is hosted in a different country. “What should be the protocol for cloud service providers to submit to the territorial jurisdiction of India for the purpose of lawful access of information?” TRAI paper asks. The paper states that it is the Department of Telecom that has sought recommendations from TRAI.
Key points The paper also appeals for a better and more reliable cloud environment by ensuring three key things: large cloud players shouldn’t be allowed to create a monopoly; there should be standards to ensure a user can easily switch from one cloud service to another; and to ensure there is enough done to secure user data.
The consultation paper is open for comments till July 8.
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