The No‐nonsense Guide to Legal Issues in Web 2.0 and Cloud Computing

Alyson Dalby (Client Services Coordinator, University of New South Wales Library)

Library Management

ISSN: 0143-5124

Article publication date: 31 May 2013

115

Citation

Dalby, A. (2013), "The No‐nonsense Guide to Legal Issues in Web 2.0 and Cloud Computing", Library Management, Vol. 34 No. 4/5, pp. 385-386. https://doi.org/10.1108/01435121311328717

Publisher

:

Emerald Group Publishing Limited

Copyright © 2013, Emerald Group Publishing Limited


This book is very much what it claims to be – a plain‐spoken guide to legal issues that may arise in relation to Web 2.0 and cloud computing. For readers looking for an easily accessible outline and discussion of the issues, this book will be suitable. While the framework of the book is UK and European law, in most cases the author explores principles rather than legislation, which allows the book to widen its audience.

The chapters are structured around a discussion of the issues at play, interrupted by case studies and exercises designed to help the reader test their knowledge. These exercises are an effective illustration of the book's content, and serve to make the book mostly practical.

The author's tone is light, chatty, personable – a good approach for a potentially dry subject. Rather than preaching to his audience he seeks a dialogue with them, going so far as to provide an e‐mail address for responses to the exercises (particularly in the case of disagreement!). He is straightforward about the limitations and inconsistencies of the law, and tries to suggest clear paths through the tangle.

One weakness of the text is that in most cases the author leaves it entirely up to the reader to try and figure out how the legal issues discussed relate to libraries. This would be fine in a generalist text, but this is published by CILIP and, presumably, aimed at librarians. The author has a library background, so could have given more examples of direct relevance.

The author sensibly kicks off the book by defining Web 2.0 so we all know what we are talking about. The definition given does a good job of demonstrating why there are particular legal issues at play with these tools. He identifies the elements of Web 2.0 that make it different and why we, as professionals, need to have an understanding of the legal issues, including pointing out that Web 2.0 is international; anyone can contribute; and the lines of responsibility are blurred. Attention is brought to one of the biggest challenges in this area in the preface, where he states that the law is “almost invariably behind the times in its technology and the culture of users” which means that professionals often find themselves second‐guessing how the law might treat a particular action, rather than being able to rely on a body of case law or legislation.

The majority of the chapter on copyright holds limited interest to the well‐informed professional, as there is yet to be significant change in copyright law or principles in response to Web 2.0 tools. However, if the reader is looking for a reminder on what those principles are, this is a good place to get it.

A discussion of data protection and privacy issues contains an excellent overview of what data protection law entails. While of only direct relevance to readers in the UK, the author's explanation of the principles underlying the UK Data Protection Act 1998 allows readers outside the UK to interpret their local laws. There is also some discussion of the legal issues at play in the transfer of information across borders.

The chapter on cloud computing is potentially the most useful chapter for practitioners. In addition to providing excellent (if long) definitions of cloud computing, the author clearly has a particular interest in the user contracts put forward by cloud computing services. The readers' attention is brought to “the non‐negotiable nature of the contracts that most cloud services offer”. The book gives advice on what to look for in cloud computing contracts, including particular areas relating to the UK Data Protection Act, and even gives a long list of questions to ask a cloud service supplier before signing a contract.

The chapter on defamation is mostly generalist, with only small relevance to how slander and libel apply in a Web 2.0 context, but would certainly be good reading for those looking to brush up on their general understanding of the laws in this area. The same applies to the chapter on liability, however the author does provide some model contract text that organisations could use if they are hosting a website that includes user‐generated content. It is a shame that the book appears to have been written before the SOPA and PIPA proposals in the USA – the proposed legislation and public outcry would have served as excellent case studies and would have nicely illustrated many of the points the author is making.

The book has appeal across the library profession, and is not sector‐specific. Those looking to brush up on their understanding of general principles will find it of use, and those in the UK will find direct relevance to their work. I would highly recommend this book to anyone responsible for hosting websites or managing data in a UK library, and the book would be an invaluable tool for those considering the use of cloud computing services.

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