Banking in the cloud: Part 2 – regulation of cloud as ‘outsourcing’

This paper looks at EU banks' use of public cloud computing services. It is based primarily on anonymised interviews with banks, cloud providers, advisers, and financial services regulators. The findings are presented in three parts. Part 1 explored the extent to which banks operating in the EU, including global banks, use public cloud computing services.Part 2 of this paper covers the main legal and regulatory issues that may affect banks' use of cloud services. It sets out how EU banking regulators have approached banks' use of cloud services and considers regulators' lack of cloud computing knowledge. The paper further considers how the regulation of outsourcing applies to banks' use of cloud services, including whether cloud computing constitutes “outsourcing”. It analyses the contentious issue of contractual audit rights for regulators as well as legal and practical issues around risk assessments, security, business continuity, concentration risk, bank resolution, and banking secrecy laws.Part 3 looks at the key contractual issues that arise between banks and cloud service providers, including data protection requirements, termination, service changes, and liability.All three parts of the paper can be accessed via Computer Law and Security Review's page on ScienceDirect at: http://www.sciencedirect.com/science/journal/02673649?sdc=2. The full list of sources is available via the same link and will be printed alongside the third part of the article.     

The Effects of Satellite Technology on Newsgathering from Remote Locations

Over the course of the last decade, the equipment used by news organizations to transmit text, voice, and images from locations without fixed or operational communications links has changed radically. Whereas remote real-time transmissions once required tons of satellite uplink equipment, generators, and a stable of technicians, approximately the same can be accomplished today with a laptop sized device and handheld digital camera. This sort of technological prowess was seen most recently in the 2003 war in Iraq. We hypothesize that, as a result of these technological developments, the likelihood of newsgathering from remote locations has increased. By “remote location,” we mean any place without the standard technical infrastructure (fixed satellite uplinks or high-speed terrestrial lines). Most often, remoteness of this sort is a feature of nonurban, less developed regions of the world. This hypothesis is a critical but untested presumption underlying recent debates concerning the CNN effect, event-driven news, and other aspects of the changing nature of the relationships between news media and policy. In our analysis, we find evidence of a decrease in the effects of remoteness on levels of U.S. media coverage of distant events.     

The Application of the Transcendental Meditation Program to Corrections

In 1976, Lockheed Corporation was charged with making secret payments of at least $25 million to Japanese officials during the early 1970s. It was alleged that these payments were made in order to secure aircraft sales contracts with several Japanese airlines. At that time, Lockheed executives claimed that Japanese officials insisted that consideration of Lockheed as a contractor would require advance payments to several government officials. In spite of this claim, Congress passed the Foreign Corrupt Practices Act in 1977 which treats these payments as bribery, rather than extortion, and prohibits them with the threat of criminal penalties. During the last 10 years, Japan has tried and convicted 15 former government officials of bribery and other crimes in the Lockheed affair. This paper assesses the effects of the Foreign Corrupt Practices Act in regulating business conduct, and the validity of the claims by Lockheed and the Japanese officials 10 years later, now that the trials are over.     

Deinstitutionalization and Its Impact on Swedish Corrections

The dominant approach in Swedish corrections is to deinstitutionalize as many offenders as possible. This started in the 1960's when Sweden decided that rehabilitation, and secondarily deterrence, would be the overriding goals of its correctional program. This has remained true despite the statistical evidence indicating that the goal of rehabilitation has not been achieved to any significant extent. The dominant belief in Sweden is that prison is harmful and counterproductive when the overall aim is to reintegrate the offender into society.     

Stochastic Models of Crime Rates

Empirical-stochastic models of index crimes are developed in ten major metropolitan areas. Detailed examples of the model building and forecasting ability of the models are illustrated. Characteristics of the resulting model forms are briefly discussed relative to their use in forecasting and resource assignment in criminal justice planning. The existence of uniform underlying causal mechanisms for given crime types are also discussed from re-occurring model forms.     

The Rule of Law in Today’s Africa∗

This article is based on the recent decision of the Supreme Court of Nigeria in a case involving illness resulting from the consumption of a bottled drink which contained a dead cockroach. The main issues considered were manufacturers' duty of care; the liability of a retailer in negligence; burden of proof; and causation. Evidence showed that the drink manufactured by the second respondent was sold by the first respondent to the appellant in the same condition in which it left the second respondent. The Court held that in the circumstances of the case, only the second respondent was liable to the appellant.