미국의 클라우드 법정책에 대응한 시사점 검토

The share of the data economy in the overall economy is increasing. Today’s major giants are data or IT companies. And American data or IT companies. Among them, cloud computing is emerging as a more important field for the Tech Giants. Cloud computing is being treated as an area where tech giants will become more profitable and larger companies. The meaning of cloud computing starts from the simple concept of utilizing idle computing resources. Today’s Tech Giants, who conduct business on a global scale, have transformed a simple concept into a business that underpins everything. This means that it is closely related to the future path of countries and the movement of technological hegemony. Over the past three years, the demand for cloud computing has increased due to the expansion of telecommuting due to the Covid-19 pandemic. Conversely, some Tech Giants retreated due to the Russo-Ukrainian War, and there was a phenomenon in which resource and energy companies made a leap forward. The US government has been providing political support since the cloud industry was formed. Another legal and policy issue is the 2020 US presidential election. In this election, one voter argued that Big Tech should apply strict competition laws. This argument continued in the current Biden administration, and it was declared that the antitrust laws would be actively implemented. And scholars who have advocated for antitrust have been appointed to major competition policy authorities. There are no major changes yet, but we need to pay attention to this. Another major legal and policy issue is that the US CLOUD Act declares that the US state’s judicial authority can extend to data stored on offshore servers owned by US IT Big Techs. On the other hand, this law states that countries other than the US allow very limited access to information held by US tech companies. In other words, it discloses the standards of countries where administrative agreements are possible for overseas transfer of personal information. Parties to the Cybercrime Convention or countries that have enacted appropriate laws in line with the Convention are setting various standards, such as respecting the rule of law and the principle of non-discrimination. Other legal and policy factors to consider include the cross-border transfer of personal information and the conflict of legal systems with other countries. First, it is necessary to consider the EU data exchange target country standards for offshore transfer of personal information. Second, it is necessary to consider the standards for handling personal information in neighboring and high-traffic countries such as Japan and China. As a countermeasure related to the above, it is necessary to consider establishing a legal policy that conforms to global standards. Next, the IT industry is dominated by major Big Tech companies. Therefore, any platform tends to industrialize. Legal policies in response to this should be considered. Finally, the data economy is emerging, with transnational corporations appearing. sufficient consideration is required. In addition, the data economy needs to be considered in connection with issues of security or national existence to some extent. All of the items listed above should be thoroughly reviewed as each one is a very large topic.