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

Citation

Kmiec, M. (2013), "The No‐Nonsense Guide to Legal Issues in Web 2.0 and Cloud Computing", Library Review, Vol. 62 No. 6/7, pp. 440-442. https://doi.org/10.1108/LR-03-2013-0041

The No‐Nonsense Guide to Legal Issues in Web 2.0 and Cloud Computing is an complicated title for a book on equally complicated issues. As the digital world evolves quickly, the legal world struggles to keep up. This book informs the reader of prevalent legal issues in the online realm, though author Charles Oppenheim is quick to point out that he is not an attorney, and specific questions should be directed to a law firm experienced in such matters.

Oppenheim's focus is the relevant laws of the UK, with some references to European Union and US law. If your particular purview falls outside those locations, this book may only serve as a prompt to keep things in mind when entering or engaging in the digital sphere.

The book begins with a definition of what “Web 2.0” actually means. Whether the author sees the irony in sourcing the definition from Wikipedia is unclear, but it serves as a basis for the rest of the work. Oppenheim's tone here seems negative, when he writes of some of the tenets of 2.0‐ism, especially when assessing the value of user‐contributed content. This negativity turns to outright derision when he claims many people who contribute to Web 2.0 services “are either ignorant of, or contemptuous of, established laws”, so therefore “the chances of something illegal being disseminated on a Web 2.0 service are that much higher.”

Setting Oppenheim's biases aside, the book then explores the idea of copyright in a digital age. The author is rightfully unapologetic in the length of this chapter, as the issues under consideration need deep exploration. The author introduces case studies and exercises, allowing the reader to work through some of the concerns. Because of the focus on UK law, these conventions may not be applicable to all; however using those as starting points can help ensure the reader considers aspects in light of the laws of their own country.

Oppenheim also refines the generalities of law into what he terms “Web 2.0 Points”, illustrating how the lens of technological consideration applies. Unfortunately, these sometimes stray into attack, for example, calling Web 2.0 users “ignorant of, or indifferent or hostile to, the whole concept of copyright”. There is also very little written about Creative Commons licenses, even though they are becoming more prevalent in the online world.

The chapter on other intellectual property rights explores how those other rights such as trademarks, patents, and moral rights are viewed and treated in an online context. For library and information professionals, the section on database rights is of particular note. Also for consideration by library and information professionals is the chapter dealing with data protection and privacy. This chapter's focus on European Economic Area (EEA) data protection law (which is the UK data protection law) is good in that it may highlight other countries' gaps in this area. For instance, since the USA has no federal data protection law, it is illegal to transfer personal data from the EEA to the USA. The author also reports that changes to EEA data protection law are underway, and these appear to strengthen the rights of the person whose data is being protected.

A chapter on freedom of information is the other side of the coin of data protection and privacy. This will be useful for those working in libraries with associations to what Oppenheim calls “public authorities”. Again, the information here is UK‐centric, but many of the issues raised here are also present in other countries' freedom of information legislation. The list of exemptions is also good, as it allows readers to think about what requests may be exempt in their country.

The author then explores defamation, writing that for some “obscure psychological reasons”, defamation is more likely to occur with Web 2.0 because of the type‐and‐send nature of the communication. A very good point is raised in this chapter: when something like comment moderation takes place, the organisation providing the service is no longer just a medium for the communication; they become an active player, and could open themselves up to charges of defamation. Of course, this will vary based on local law, but is another thing to keep in mind.

Unlike the other chapters, where legal definitions are fairly straightforward (if not exactly clear), the chapter on cloud computing begins with an examination of the term, and the complexity of its definition. Oppenheim discusses cloud service contracts, how extant data privacy and protection laws are dealt with in the cloud, as well as other legal issues. He writes about the conflicting nature of laws in different countries, and how cloud services (really, the world wide web) make this conflict even more contentious. He ends the chapter with a list of questions to ask a cloud service provider. These are valuable, as so many services are currently or soon‐to‐be offered as cloud‐based – including the newest wave of library services platforms.

The final chapter, on liability, goes into many aspects of the topic, from the standpoint of both a consumer and a publisher of information. The author covers both organisational‐published and individual‐published information, the latter important when the individual is a representative of the organisation. He offers up some ways to reduce liability, or at least mitigate the risk somewhat. He also provides wording that could be used as a contract for those who offer user‐contributed content services.

Oppenheim set himself quite a task in writing this book, as the Web 2.0 world and the applicable laws are in constant flux. The book is a good introduction to what needs consideration if entering the space, or if already there. Any biases the author shows can be dismissed as opinion; the real value of the work is in the factual information provided. This, combined with an understanding of local law and legal counsel should provide library and information professionals what they need to navigate the often turbulent waters.