This document discusses different approaches to regulating cloud computing networks and services. It analyzes regulating actors versus regulating networks and forms of communication. A key concept is that gatekeepers in cloud networks, like telcos, OS providers and hosts, have a powerful position similar to "West Coast codemakers" of the past. The document questions who the gatekeepers will be in cloud networks and what costs and duties they may extract or have, such as democratic, social or identity costs. It also discusses the potential for gatekeepers to have a quasi-public role or be subject to regulatory accountability and oversight. In the end, the document argues network regulation can be as effective as actor regulation, and is particularly effective for digital networks like cloud computing.

1. Designating Effective Regulation in the Cloud: The Move from Actors to Nodes and Forms of Communication Cloud Computing: Legal, Organisational and Technological Issues, 23 February 2011

2. Part I: Regulatory Theory

3. Regulating Actors Traditional Cybernetics Theory Standard Setting Behavior Modification Monitoring

4. Regulating Actors: Strategies After Baldwin & Cave

5. Regulating Actors: Neo Institutionalism Source: Lessig

6. Regulating Actions Source: Murray & Scott

7. Regulating Actions A Problem for Cybernetics Theory

8. Regulating Networks Decentred Regulation and Nodal Governance

9. Regulating Networks: Network Communitarianism Source: Murray

10. Part II: Cloud Computing and Gatekeepers

11. The Move to the Cloud Traditional Data Access Cloud Data Access vs

12. The Move to the Cloud A New Regulatory Component The Gatekeeper Not a New Concept

13. Gatekeepers and the Cloud Gatekeepers and Communication Gatekeeper Failure Gatekeeper Censorship Gatekeepers and Democracy

14. Gatekeepers and Communications Regulation Regulatory Gravity

15. Regulatory Gravity Source: Einstein

16. Regulation in the Cloud We already know network regulation can be as effective as actor regulation. Moreover we know that digital network regulation is particularly effective.

18. Lessig spoke of “West Coast Codemakers”

19. They were gatekeepers

20. Whomsoever is the gatekeeper in the cloud is in a powerful position.

21. Who?

22. Telcos

23. OS platform providers

25. Democratic costs

26. Social Costs

27. Identity Costs

28. What duties do gatekeepers have?

29. Quasi-public role?

30. Regulator accountability and oversight?

31. HR obligations?

33. Thank You Andrew D. Murray Reader in Law Department of Law London School of Economics Houghton Street London WC2A 2AE Tel: 020 7849 4645 Email: a.murray@lse.ac.uk