TY - CHAP

T1 - Nudging cloud providers

T2 - Improving cloud architectures through intermediary services

AU - Corrales, Marcelo

AU - Kousiouris, George

N1 - Funding Information: Acknowledgements In developing the concepts described in this chapter, we had the opportunity to learn from many people. We would like to thank Prof. Toshiyuki Kono, Prof. Shinto Teramoto, Prof. Mark Fenwick, Paulius Jurčys and Rodrigo Afara. This chapter was partially funded by the Monbukagakusho-MEXT Japanese government scholarship program and the Optimized Infrastructure Framework (OPTIMIS) EU funded project within the 7th Framework Program under contract ICT-257115.

PY - 2017

Y1 - 2017

N2 - Two of the most important developments of this new century are the emergence of Cloud computing and Big Data. However, the uncertainties surrounding the failure of Cloud service providers to clearly assert “ownership” rights of data during Cloud computing transactions and Big Data services have been perceived as imposing transaction costs and slowing down the capacity of the Internet market to thrive. “Click-through” agreements drafted on a “take it or leave it” basis govern the current state of the art and they do not allow much room for negotiation. The novel contribution of this chapter proffers a new contractual model advocating the extension of the negotiation capabilities of Cloud customers, enabling thus an automated and machine-readable framework, orchestrated by a “Cloud broker.” Cloud computing and Big Data are constantly evolving and transforming into new paradigms where Cloud brokers are predicted to play a vital role as an intermediary adding extra value to the entire life cycle. This chapter situates the theories of behavioral law and economics (“Nudge Theory”) in the context of Cloud computing and Big Data, and takes “ownership” rights of data as a canonical example to represent the problem of collecting and sharing data at the global scale. It does this by highlighting the legal constraints concerning Japan’s Personal Information Protection Act (Act No. 57 of 2003, hereinafter “PIPA”) and proposes a solution outside the boundaries and limitations of the law. By allowing Cloud brokers to establish themselves in the market as entities coordinating and actively engaging in the negotiation of Service Level Agreements (SLAs), individual customers and Small and Medium-sized Enterprises (SMEs) could efficiently and effortlessly choose a Cloud provider that best suits their needs. This can yield radical new results for the development of the Cloud computing and Big Data market.

AB - Two of the most important developments of this new century are the emergence of Cloud computing and Big Data. However, the uncertainties surrounding the failure of Cloud service providers to clearly assert “ownership” rights of data during Cloud computing transactions and Big Data services have been perceived as imposing transaction costs and slowing down the capacity of the Internet market to thrive. “Click-through” agreements drafted on a “take it or leave it” basis govern the current state of the art and they do not allow much room for negotiation. The novel contribution of this chapter proffers a new contractual model advocating the extension of the negotiation capabilities of Cloud customers, enabling thus an automated and machine-readable framework, orchestrated by a “Cloud broker.” Cloud computing and Big Data are constantly evolving and transforming into new paradigms where Cloud brokers are predicted to play a vital role as an intermediary adding extra value to the entire life cycle. This chapter situates the theories of behavioral law and economics (“Nudge Theory”) in the context of Cloud computing and Big Data, and takes “ownership” rights of data as a canonical example to represent the problem of collecting and sharing data at the global scale. It does this by highlighting the legal constraints concerning Japan’s Personal Information Protection Act (Act No. 57 of 2003, hereinafter “PIPA”) and proposes a solution outside the boundaries and limitations of the law. By allowing Cloud brokers to establish themselves in the market as entities coordinating and actively engaging in the negotiation of Service Level Agreements (SLAs), individual customers and Small and Medium-sized Enterprises (SMEs) could efficiently and effortlessly choose a Cloud provider that best suits their needs. This can yield radical new results for the development of the Cloud computing and Big Data market.

KW - Big Data

KW - Choice architectures

KW - Cloud computing

KW - Nudges

KW - Service Level Agreements (SLAs)

KW - “Ownership” rights

UR - http://www.scopus.com/inward/record.url?scp=85068179737&partnerID=8YFLogxK

U2 - 10.1007/978-981-10-5038-1_7

DO - 10.1007/978-981-10-5038-1_7

M3 - Contribution to book/anthology

AN - SCOPUS:85068179737

SN - 978-981-10-5037-4

T3 - Perspectives in Law, Business and Innovation

SP - 151

EP - 186

BT - Perspectives in Law, Business and Innovation

ER -