Senin, 13 Oktober 2014

Business Adoption Models and LegalAspects of the Cloud



What the reader will learn:
      That cloud computing has a number of adoption models
      What is meant by public cloud, and why businesses may choose to adopt this
      What is meant by private cloud, and why businesses may choose to adopt this
      What is meant by hybrid cloud and community cloud, and why businesses may choose to adopt this
      That these new ways of doing business bring with them legal issues that need to be considered as part of any plan to adopt cloud computing



2.1              What Services Are Available?
 There are alternative ways a business might adopt cloud computing, and we will be reviewing those approaches in this chapter. As we saw earlier, there are many something-as-a-service options available, and many providers provide all of them, whilst some concentrate on specialist areas like data storage or application platforms.
 In a 2011 paper, Li et al. ( 2010 ) indicated four general types of service that are currently available from leading cloud providers:
1.   Elastic compute clusters which include a set of virtual instances that run a customer’s application code.
2.   Persistent storage services in which application or other data can be stored in a cluster.
3.   Intracloud networks, which connect an application’s components.
4.   W ide-area networks (WANs) connect the cloud data centres, where the application is hosted, with end hosts on the Internet.
T his is a useful categorisation of service types. The other things we will need to consider are metrics. We will need to have some understanding of measures such as performance, cost and availability if we are to have any hope of assessing which
R. Hill et al., Guide to Cloud Computing: Principles and Practice, Computer                           21
Communications and Networks, DOI 10.1007/978-1-4471-4603-2_2,
© Springer-Verlag London 2013
Table 2.1 A summary of the key differences between public and private cloud models

 Public
 Private
 Network
 Internet
 Private network
 Server and data centre location
 Global
 In company
 Costing
 By usage or free
 Internal mechanism, often by capacity and processor
 Tenancy
 Multiple
 Single
 Scale orientation
 Vertical (i.e. user focused)
 Horizontal (i.e. application focused)
 Key selection rationale
 Cost
 Security
provider offers the best solution for any of these services. We will examine these in the ‘Which Cloud Model?’ section (Sect.  2.6 ) at the end of this chapter.
 As we saw in the last chapter, there are many de fi nitions of cloud. Vaquero et al.  (2009) attempted to collate these and come up with a single, all-encompassing defi n ition:
 Clouds are a large pool of easily usable and accessible virtualized resources (such as hardware, development platforms and/or services). These resources can be dynamically recon fi gured to adjust to a variable load (scale), allowing also for an optimum resource utilisation. This pool of resources is typically exploited by a pay-per-use model in which guarantees are offered by the infrastructure provider by means of customised SLAs.
 We must also not forget that to businesses, it matters not how we de fi ne cloud computing but rather it matters whether this form of IT supports their business by reducing costs or adding revenue and profi t . You will see more of this discussion in Chap.  8 . These elements too are reviewed by cloud type.
T he three types of cloud adoption we shall review are public, private and hybrid. As the latter is a combination of the other two, it may be worth starting by examining the key differences between typical public and private clouds (Table  2.1 ).
2.2              What Is Meant by Public Cloud?
 The US National Institute of Standards and Technology (NIST) suggests in a recent draft that the de fi nition of a public cloud is as follows:
 The cloud infrastructure is made available to the general public or a large industry group and is owned by an organisation selling cloud services (Mell and Grance  2011 ).
T he authors of this book believe the general public or a large industry group should be replaced with the general public or organisations as there is no evidence that industry groups need to be of any particular size to adopt cloud computing. The key element here is that services are offered by the resource owner (usually referred to as the service provider) to anyone who wants to make use of that service. The service can be any of IaaS, PaaS, SaaS and DaaS (see the previous chapter for de fi nitions). The service provider may charge, usually on a utility basis, but sometimes on a termly basis, or may give the service for free and earn revenue from other income streams, such as advertising.
2.2        What Is Meant by Public Cloud?
 Provider
 Estimated users
(millions, as of 2010)
 Hotmail
 330
 Yahoo
 302
 Gmail
 193
 Others
 200
Table 2.2 Services and estimated number of users of public clouds
2.2.1         Who Is Using Public Cloud?
 The short answer is millions of people!
 Mail providers can be evasive about the size of their user-base. Specialist email marketing site  http://www.email-marketing-reports.com/ gathered some statistics that give us a feel for the scale of the browser-based email usage. These fi g ures are for the ‘big 3’, and we can safely assume the other providers (such as Excite, AOL, Rediffmail) will amount to >200 million. The dates for these fi g ures are different but all in or after 2010 as illustrated in Table  2.2 .
R emember that our defi n ition of cloud services is that a provider owns the resources required to provide a service (such as email) and rents this service to users on a pay-for-use basis. This means there are already at least a billion users of cloud email services worldwide.
 We talk about the phenomenon of social networks in the Social, Economic and Political Aspects chapter. Again, the numbers using these services are over a billion. Many will also use email, but nonetheless, when added to other free, privately focused services like image storage and editing, drop boxes for  fi le sharing and presentation tools like Prezi, there is little doubt that public cloud-based services are here to stay. From the business perspective, however, the view is different. As reported in Computerworld (Mearian  2011 ), some research by ThelnfoPro, a market research  fi rm, which approached 247 Fortune 1000 corporations showed that
87% of the respondents indicated that they had no plans to use the public cloud for storageas-a-service. Only 10% said that they would use it.
W e should also bear in mind that this sort of large corporation will have been in business for many years and will have invested heavily in IT infrastructure before the cloud existed. They will already have in place their own processes based on internal systems. Heavy investment in enterprise systems like ERP systems such as SAP or PeopleSoft, and RDBMS like Oracle or DB2, not to mention the investment they will have had to make in the specialist people needed to run these business processes, means there is really very little need for them to look elsewhere for solutions. There are, however, two exceptions to this general rule:
      The eternal search for ef fi ciency and cost reduction
      When an innovative solution is only, or primarily, available from a service provider
 We have also seen that security and ownership of the data storage are big issues for all potential cloud users. Even if the search for value leads a corporation to begin to use virtualisation to maximise resource usage, they will often prefer to keep that transformation in-house to keep a tight control of security. Set in this context, the indications that large corporates are not racing to take up public cloud offerings are not surprising. For such organisations, private or hybrid clouds may be more appealing (see sections below).
 For small-to-medium businesses (SMEs), the argument for adopting public cloud appears a little easier to win. Especially at the micro end, with less than ten employees, businesses are very unlikely to be able to attain the sorts of economies of scale that the megacorporations can achieve with their large-scale IT systems. However, if they, in effect, ‘club together and share’, they can achieve signifi c ant economies of scale. The fact that this collaboration is enabled by a for-profi t -making service provider is not consequential.
W hen you add to this the ease of access to on-demand services which are paid for on a utility basis, the argument is even stronger. If some service providers are to be believed SMEs need never employ an IT specialist again since all their business needs can be made available after signing up and simply completing a series of online questions which act as setup wizards for this application or the other.
 Of course life is not always that simple. Apart from the ever-present concern about security (see below) being just as relevant to SMEs as to large corporations, there is the age-old debate between whether you should adapt your business processes to allow the use of off-the-shelf software or keep your processes but have to build, or at least tailor, the software. In terms of IT spent, the former is usually seen as the cheaper, but if your processes are part of what gives you competitive advantage, you may be willing to pay for the privilege of using unique software.
M ost of these IT strategy-type questions are not new. The control and specialisation which comes from in-house IT solutions has always been balanced against the savings that can come from off-the-shelf solutions. What is new to cloud, however, is that the cash- fl ow improvement, at least in the short term, can be very signi fi cant as costs become revenue rather than capital, spreading the load over years rather than needing high-cost up-front payments.
T he other advantage of the move to pay-for-use is the fl e xibility that it gives a small  fi rm. Should your business suddenly begin to take off and you need more in the way of IT infrastructure and services, you just pay more to your service provider. Conversely, if part of your business fails, you can stop the IT costs immediately, as opposed to being left with expensive servers doing nothing. Both ways seem to signifi c antly reduce the risks involved in an SME opting to use an IT service.
 As usual with business decisions, the preferred solution will be a balance of risks and expected bene fi ts. For SMEs, the balance may seem slightly more biased towards the benefi t s outweighing the risks. However, every company will be different, and contextual issues like company culture, national norms, sector best practice and government and legal guidelines will all play important parts in the decision-making process.

2.2.2         Another Easy Win for SMEs

 One area traditionally less well attended to by smaller organisations is disaster recovery (DR). Even backup and recovery strategies may be relatively unsophisticated. An occasional take backup stored in a  fi reproof safe may well keep a company’s
2.2        What Is Meant by Public Cloud?
vital data safe, but recovering the data after, for example, a catastrophic server failure, can take days as a new server is purchased, commissioned and brought back to the state of its predecessor.
M ajor corporations have business continuity plans that look to keep their core operations active with as little as a few minutes between disaster and response. But they have to pay—considerably—for this sort of service. For a multinational bank, for example, this expense is almost a no-brain decision. They can’t afford to lose the business that would occur whilst their systems were down.
F or an SME, however, a DR plan revolving around a multisite fully mirrored server solution can be seen as a nice-to-have extra as the expense is high and what it buys may never be needed. Cloud provides a small business with an easier, less costly way to run at least two live data centres with automatic failover. This dramatically reduces mean time to recovery (MTTR)—the time between system failures and recovery.
 With the cloud, backup need never be to slow tapes. It can be easily automated to happen without human intervention by uploading backup data to a cloud data centre. A centre which will itself have built-in redundancy, meaning you automatically get multiple copies of your valuable data.
2.2.3          Who Is Providing Public Cloud Services?
 Those who have seen Larry Ellison’s 2009 tirade lampooning cloud computing as nothing other than a hyperbole (see YouTube) may be surprised to see that Oracle now provide pay-for-use services in the cloud ( http://cloud.oracle.com ).
 Other corporates with long track records in the IT arena also now have public cloud offerings and are joined by some newer names. Just as examples, these wellknown brands all offer some sort of cloud service now: IBM, AT&T, Fujitsu, Microsoft, HP and Rackspace. And there are many smaller, new market entrants too. Competition is already hot, which is a good indicator that the cloud is well on its way to being accepted by the market.
 When we see that these different providers are moving in the same immature market, we should perhaps be a little cautious about predicting the future. Many examples exist of one brand of technology winning out over others and not necessarily because of its excellence. Perhaps the most famous marketing war like this was that between Sony’s Betamax and JVC’s VHS video formats. The public chose VHS and Betamax died. But there were many people who lost money by investing in Betamax before it declined.
T he same thing could happen with cloud. These providers of services do not currently abide by any universally accepted standards. Getting tied into one provider is indeed a risk that needs to be considered. There is a fuller review of interoperability issues in the hybrid section.

2.2.4         Security: The Dreaded ‘S’ Word

 As we will see in the Cloud Security and Governance chapter, privacy and security are big concerns for all potential users of cloud. All the anxieties that may be expressed are most acute with public cloud, where the pro fi tability of the service provider is the key driver to all technology decisions. As Kaufman  (2010) puts it,
To achieve the gains afforded through virtualisation, such providers are colocating virtual machines (VMs) from disparate organisations on the same physical server. From a profi t /loss perspective, this matching seems to provide a win-win scenario for both the user and service provider. However, this operational profi l e introduces a new era of security concerns.
A s we have said elsewhere, there isn’t much new, in terms of technology, with cloud. There is no real reason why cloud platforms should not be as secure as a traditional platform. Indeed, in some cases, it may be more secure. For example, a server in a locked room may not be as well protected as the Google data centres, as described in this YouTube clip:
I n these places, biometrics, multi-checkin and log-in make access to hardware from outsiders virtually impossible—probably far more secure than an average SME’s premises.
 Of course, one of the aspects about public cloud is that services are accessed through the Internet: an Internet that is available worldwide to both friend and foe. This shared remote access model can potentially allow cyberattacks. All this means that security can be an issue with cloud, but there are issues with current IT infrastructures too.
T he perception of insecurity is, however, probably the biggest barrier to cloud adoption. For the non-technically minded amongst business decision-makers, it is not diffi c ult to understand why they may be wary about parcelling up their valuable data and giving it to another company to look after, instead of having it sit on a server behind a locked door on their site. These doubts are compounded when you explain that their data will be multi-tenanting, sharing the same physical resources, perhaps, as their biggest competitor. How could that be seen as a sensible move?
 Nor is it just data that can be worrisome. Even IT-literate decision-makers are likely to have grown up in an era when modems went down, when Internet connections broke and when speed of transmission plummeted. How can it be sensible to replace your reliably performing single-purpose system connected to a few clients in a small LAN, all under the control of your network team, with a barely understood worldwide web of entangled connections? Why move ERP from in-house to in-Indonesia or some other foreign domain?
I t is not this book’s place to counter these concerns. The major service providers will  fi ght that battle, but we do need to be aware that security can be a human problem, rather than a technical one.
2.3              What Is Meant by Private Cloud?
T he technology stack need be no different to that used by service providers in public cloud solutions. The US National Institute of Standards and Technology (NIST) suggests in a recent draft that the de fi nition of private cloud is as follows:
T he cloud infrastructure is operated solely for an organisation. It may be managed by the organisation or a third party and may exist on premise or off premise.
2.3        What Is Meant by Private Cloud?
 The key element here is that the resource owner (known as the service provider in public cloud) is the organisation that is using the services. The service can be any of IaaS, PaaS, SaaS and DaaS (see earlier chapters for de fi nitions), and there may be internal charging mechanisms for these services, but they are not normally made available to anyone outside of the organisation and hidden behind a  fi rewall.
2.3.1         Who Is Using Private Cloud?
 Because of the expense involved in creating multi-server operations, early adopters tend to be large organisations with existing infrastructures that lend themselves to the adoption of a cloud platform to increase server effi c iency (and thus reduce costs) and allow broader availability to systems within the organisation. We must also remember that organisations have been using some of the building blocks, such as virtualisation and SaaS, for years without calling it cloud.
T here is an argument that private cloud is not really that different to the ways large organisations typically manage their infrastructures. Stand far enough away and the technology of a large server farm making good use of virtualisation looks very similar to a cloud. To make matters worse, the organisation doesn’t even get the advantages of  fl exibility, which come from sharing resources, nor do they benefi t  from the move to revenue costing that is also one of cloud’s oft-trumpeted advantages.
W hether or not a move to a private cloud will be benefi c ial to an organisation depends upon many things, but their existing infrastructure is one of the key ones. A recent big spend in modernising the company data centre can be an indicator that investing in cloud is not an immediate need. If it is time to upgrade anyway, then perhaps internal cloud is a solution worth reviewing.
 Especially in the current economic conditions, companies are looking at all their costs to see if they can run more effi c iently. IT is no different to any other part of the business in this. Most big organisations depend upon a set of core IT processes. The question being asked is ‘are we paying too much for this service?’ and that question plays into the hands of those arguing the bene fi ts of cloud computing.
 Gartner (2010) suggests that
… cloud computing has become more material, because the challenges inherent in managing technology based on the principles of previous eras — complex, custom, expensive solutions managed by large in-house IT teams — have become greater, and the benefi t s of cloud computing in addressing these challenges have matured to become more appropriate and attractive to all types of enterprises.
 The question on the lips of many larger organisations’ CIOs will not be private versus public but rather legacy versus private. The ability of a cloud infrastructure to fl e xibly move computing resources to deal with spikes in workload means that cloud-based data centres can run much more effi c iently than existing ones, and that may be the biggest single factor in the decision.
F or organisations who have taken the decision that cloud will be their preferred technology solution, the question of public versus private is likely to force them to think about the value of security to their business. Private allows, or at least seems to allow, organisations to have greater control over their data. There are, however, many more barriers to private since in-house expertise in virtualisation and operations automation may not currently exist and will be expensive to acquire. Moreover, a move to public cloud can happen much more quickly and allows for maximum  fl exibility in resource management. The ultimate question, therefore, is likely to be how much are we willing to spend to maintain control over our data?
 A whole later chapter is reserved for further investigation into enterprise cloud, and many of the issues which surround the process of adopting a private cloud in a large organisation are covered there.
2.3.2          Who Is Supplying Private Cloud?
 Most of the big players are now fully committed to selling products or services badged as cloud. Even Oracle, once more famous for laughing at cloud, sells cloudrelated services and products, mostly private cloud solutions. They say
Cloud computing promises to speed application deployment, increase innovation, and lower costs, all while increasing business agility. It also can transform the way we design, build, and deliver applications....
 IBM has been in cloud from very early days. Lotus Notes has now become iNotes, and one prong of the IBM cloud marketing campaigns is clearly aimed at public, with the catchy strapline of
Install nothing. Access everything.
B ut IBM clearly recognises the need for private cloud too. They have a suite of underpinning technologies they call SmartCloud Foundations which they describe as
an integrated set of technologies for enabling private and hybrid clouds, and the virtualisation, automation and management of service delivery. SmartCloud Foundation capabilities allow organisations to easily build and rapidly scale private cloud environments.  ( http://www.ibm.com/cloud-computing/us/en/ )
 HP is a big player too, playing heavily on the reputation for cloud to be rapid and  fl exible; they can deliver private cloud computing services within 30 days ( http:// www.hp.com/hpinfo/newsroom/press/2010/100830a.html ).
 On their website, their senior vice president and general manager, Technology Services, HP, uses the concept of an ‘internal provider’:
To better serve the needs of their enterprises, clients are asking us to help them become internal service providers with the ability to deliver applications through a highly fl e xible private cloud environment.
2.4        What Is Meant by Hybrid Cloud?
C itrix too has been in the market since it really started. Their solutions also play on the speed of change possible from cloud:
With CloudStack, customers can quickly and easily build cloud services within their existing infrastructure and start realizing the bene fi ts of this transformative service delivery model within minutes—without the overhead of integration, professional services and complex deployment schedules.
A n interesting development with Citrix is their CloudBridge technology which tackles the perceived security issues in public cloud head-on and seeks to help create secure hybrid solutions:
Citrix CloudBridge lowers the risk and reduces the effort and cost for enterprises to move production workloads to the cloud by …. making the cloud provider network look like a natural extension of the enterprise datacenter network.
 As well as suppliers of hardware and software, consultancies too are very much in the market for helping customers migrate to a cloud solution. And it isn’t just Western companies who are pushing cloud. TCS and Infosys in India, for example, are major global players.
S imply type private cloud supplier in a Google search, and (at the time of writing) 95 million hits are reported. There can be no doubt that the cloud market is well and truly active!
2.4              What Is Meant by Hybrid Cloud?
 NIST de fi nition:
Hybrid cloud. The cloud infrastructure is a composition of two or more clouds (private, community, or public) that remain unique entities but are bound together by standardized or proprietary technology that enables data and application portability (e.g., cloud bursting for load balancing between clouds).
 The key aspect is that hybrid includes some mix of public and private cloud in a non-speci fi ed ratio.
2.4.1         Who Is Using Hybrid Cloud?
 If an organisation has a steady and quanti fi able use of IT resources, they are able to adopt private cloud, gaining the benefi  ts of effi c iency and availability, without missing the other strength of cloud— fl exible scalability.
 If, on the other hand, like many organisations, they have spikes of activity, planned or not, then public cloud’s ability to offer unlimited and immediate scalability on an occasional basis may well appeal. Building your systems to cope with standard workloads in-house and extend outwards when required should allow for the best of both worlds. Sensitive systems can be kept entirely in-house if required.
S ome e-commerce organisations can adopt a hybrid approach to help with the activity associated with the front-end during peak shopping periods whilst maintaining secure back-end services in their own private cloud. This prevents them having to invest in many servers which may be idle for long periods just to cope with occasional high loads.
 The other likely driver towards a hybrid approach is the organisation’s existing infrastructure and their IT strategy. Hybrid may well be an interim approach which means that wholesale in-house architectural changes do not need to happen immediately as some changes are contracted out to service providers and some existing systems continue to function. Interoperability between these different systems here is a key issue (see below).
 Another way that hybrid is likely to happen is by accident. An organisation with its own private cloud platform for its main systems may, for example, decide that Google’s Gmail email solution is the right one for their organisation. The security risks with noncritical systems like email will seem relatively minor, and the costeffectiveness of such a solution may attract many organisations. Part of their IT stack then becomes private, part public—de facto a hybrid cloud solution.
2.4.2         What Are the Issues with Hybrid Cloud?
W hilst suppliers, such as Citrix and their CloudBridge, will be keen to suggest that hybrid offers the best of both private and public worlds, it is also arguable that it is the worst of both. After all, as we saw in the private section above, one of the biggest drivers for private solutions is the ability to control your own, independent data centre for security reasons. Claybrook  (2011) suggests
The challenges of building a bridge between private and public clouds are real.
T he report goes on to quote Joe Skorupa, a Gartner vice president, as saying that
… users and cloud vendors are in very different places on this issue [interoperability], and true cloud interoperability will likely not occur for some time -- if ever. Standards are nascent and will take years to fully develop.
 The lack of standards is indeed likely to be a major stumbling block when it comes to trying to pass data, which will usually be encrypted, between different systems in a hybrid cloud solution. It is not unusual in IT for technology to get so far ahead of standards. And in the absence of standards, there is little reason for the various providers to ensure ease of communications between themselves and other providers. Indeed, the cynical amongst us may even think that these different approaches can help tie in the customer to a provider.
2.5        What Is Meant by Community Cloud?
 The two key proprietary virtualisation technologies (VMWare and Hyper-V) will be trying to keep their own customers whilst also fi g hting off open-source alternatives in the PaaS area. As trust is one of the likely decision factors for cloud platform providers’ customers, some form of industry-wide standard is being actively sought. Unfortunately, however, there are several agencies keen to seek to take the lead in this area. At the time of writing, these included:
      IEEE, self styled as ‘the world’s largest professional association advancing technology for humanity’
      Open Grid Forum
      Cloud Security Alliance
      NIST
A ll these agencies are themselves liable to lobbying from the industry. This lobbying is generally for fi n ancial reasons, but it is also true that individual providers naturally believe their particular solutions are the best! It is unlikely that a truly global and agreed standard will happen for a few years yet, so interoperability is likely to remain one of the biggest barriers to hybrid adoption.
2.5              What Is Meant by Community Cloud?
 NIST de fi nition:
The cloud infrastructure is shared by several organisations and supports a speci fi c community that has shared concerns (e.g., mission, security requirements, policy, and compliance considerations). It may be managed by the organisations or a third party and may exist on premise or off premise.
 The key aspect here is that of inter-organisational collaboration. Community cloud is just like a private cloud except that several organisations share the responsibility for resourcing the cloud, instead of just one.
2.5.1         Who Is Using Community Cloud?
T rust between companies operating in a competitive marketplace is not a usual phenomenon, and so community is not a realistic option for them. However, organisations which are about care and support have naturally tended to help each other in the past. Charitable organisations, for example, have been coming together to share all sorts of resources, including IT.
 One example is the International HIV/AIDS Alliance which is a partnership for ‘… everyone who works with and for NGOs and CBOs and is involved in community and health system strengthening worldwide’.
 Whilst the political advantages which come from small charities coming together as a single pressure group are their reason d’être, the support provided by IT across the partnership can also be important. Working with Cisco, the alliance has implemented online collaboration and SaaS platform:
 
Fig. 2.1 AIDS Alliance website home page (last accessed 22 May 2012)
 The vision expressed by Sam McPherson, associate director, International HIV/ AIDS Alliance, is
We want to exploit the technology available to us and truly become a collaborative organisation. By using the full complement of WebEx solutions, we hope to move closer toward our vision of a world in which people do not die of AIDS.
O ne major problem is that not all third sector organisations are as forward thinking as the International HIV/AIDS Alliance (Fig.  2.1) . Many charitable organisations are small and not cash rich and are therefore afraid of the costs associated with IT systems (Maison  2011 ). In a recent survey of nearly 160 charities,  the Guardian found
Eight of 10 people said that technology could help build the ‘big society’. Yet only one in three have the time or con fi dence to try out new tools like cloud computing.
2.6        Which Cloud Model?
 Other  fi rst movers in the area of community cloud are governmental organisations. Sometimes the key driver here is the need, traditionally diffi c ult to address with different organisations with disparate IT systems, to share information. In the UK, for example, the police service is separated into constabularies, and they have their own budgets and have met their information system needs with different solutions. This can make sharing information about a suspect dif fi cult when they cross boundaries between constabularies. The matter gets yet more complicated should the suspect be apprehended and taken to court, as the court systems will also be different, not to mention prison systems should they be found guilty.
I n the USA, fi r ms like IBM have been quick to spot how they can offer a service to governmental organisations. In a recent press release, they say
IBM has launched a new Federal Community Cloud specifi c ally designed to help federal government organisations respond to technology requirements more quickly. The secure, private cloud environment is part of IBM’s established and dedicated Federal Data Centers (FDC) that provide secure and comprehensive certi fi ed computing capabilities to federal government clients.
I n the UK there is G-Cloud. This is a government-funded initiative to gain the benefi t s that cloud can give whilst attempting to save the public purse £200m/annum by 2014/2015:  http://gcloud.civilservice.gov.uk/ The G-Cloud program is a crossgovernment initiative; collaboration across departments, and throughout the public sector, being encouraged and enabled by cloud.
R eported in  the Guardian in January 2012 (Best  2012) , Liam Maxwell, the UK
Cabinet Of fi ce’s director of ICT futures, foresees
“In two or three years’ time what we now call IT, the delivery of those disaggregated services like hosting, networking, end user devices, support, all of those, will become core commodity services and will be bought ‘like stationery’”.
2.6            Which Cloud Model?
 Of course, the answer to the question ‘which type of cloud’ may well be none. Richard Stallman, founder of GNU, argued that cloud was a trap in an article in  the
Guardian (Johnson  2008) . He argued
‘One reason you should not use web applications to do your computing is that you lose control’, he said. ‘It’s just as bad as using a proprietary program. Do your own computing on your own computer with your copy of a freedom-respecting program. If you use a proprietary program or somebody else’s web server, you’re defenceless. You’re putty in the hands of whoever developed that software.’
B efore 2010, there were many such warning sirens. Larry Ellison, Oracle’s CEO and co-founder, is also famously quoted as saying that cloud is ‘nonsense’. And yet, now, Oracle is a leading player in cloud services to corporates.
I f we examine the sales statistics from the cloud service providers, there can be little doubt that many CIOs, IT Managers and IT Consultants are now seriously
Fig. 2.2 Jericho Cloud Cube Model  (2010)
considering cloud platforms as one of their options when looking at how to deliver their IT strategies. So, how do they decide which cloud adoption model to use?
 We have identi fi ed already that cloud security is seen as a major concern by many organisations. At least whilst the platform is still quite new, many will adopt a ‘wait and see’ approach—especially if their existing infrastructure is adequate. Some, seeking to gain some advantage from early adoption, may see the advantages of cloud but still want to be cautious about how they look after their data and internal systems. For them, probably starting with pilot projects to test the water, private cloud may well seem more attractive.
 The Jericho Forum proposed a framework Fig.  2.2 (Opengroup  2010 ) which is intended to help organisations fi n d the most appropriate cloud ‘formations’ for their own particular business need. ‘Formations’ is a nice way of describing the many alternative solutions available in a mix-and-match environment. Every organisation is likely to be different.
T he Forum describes itself as ‘…an international IT security thought-leadership association dedicated to advancing secure business in a global open-network environment’, so it is not surprising to see that security fi g ures highly in their proposed decision-making process.
 The cube usefully expresses the considerations that need to be made when deciding which approach to take. The dimensions are described below.
      Internal/external here is the same as private/public clouds.
      Proprietary/open is, as with other software, whether or not the software or platform is open source or not. Also important in the cloud is how open the data standards adopted by a supplier are. Really we are talking about how much tie-in the supplier has over the customer, and whether that is an issue of concern or not.
2.6        Which Cloud Model?
      Perimeterised/de-perimeterised is about where the IT services exist. If a company keeps all its data behind a  fi rewall within its own private network, for example, we would call that perimeterised. The Jericho paper interestingly refers to this as a mindset. This is very import as an organisation’s culture will impact heavily upon their willingness to expose, or not, their systems to external access.
      Insourced/outsourced is about who does the work in the cloud. Entirely insourced means that the organisation employs the people directly. The use of contractor or specialist consultants allows for a control to be maintained within the organisation whilst certain specialist skills are outsourced, often temporarily whilst in-house staff gain the skills themselves.
 This cube is an excellent start, but other important factors in the decision about which cloud adoption model to select are not covered but need reviewing.

2.6.1         Internal Factors

1.   Existing infrastructure and IT portfolio . ‘If it ain’t broke, don’t  fi x it.’ Cloud has some potential benefi t s, but as with all new technologies, it has risks too. If the organisation’s IT is delivering what it should, as well as it should, then there is probably nothing for a CIO to do other than keep their eye on the cloud space.
2.   Capability . Rightly or wrongly, CIOs in organisations with a long history of managing their own IT systems with their own employees may feel that some of the marketing hype about the cloud’s approachability and ease of use does not apply to them. Their CEOs and CFOs may actually disagree if there is board level dissatisfaction with existing internally supplied services.
Start-ups, on the other hand, will have none of these prejudices. The ability to implement sophisticated enterprise-style systems with no in-house expertise may well be seen as the single biggest reason for opting into public cloud services.
3.   Emphasis on costs . It may seem obvious that companies will always look to run as effi c iently as possible, but in a time of economic hardship such as most of the world is enduring as we write, it is the case that effi c iencies are more aggressively sought. Being new, we have no real evidence as to whether cloud is truly a cheaper alternative long term, but we do know that moving away from big capital expenditure IT projects towards pay-for-use will move costs away from a company’s  fi xed assets and into revenue costs, spreading the cash  fl ow over many years as it does so. This drive to effi c iency can point towards public cloud where the nature of the shared capacity leads to signifi c antly more savings than would private cloud.
4.   Performance and scalability.  Again, there are not enough studies carried out to suggest how cloud performs in comparison to in-house client/server technology. The most obvious point is that a reputable cloud provider will always be running on high-performance equipment in order to enable them to support many users.
However, how big a ‘slice’ of that platform a customer gets is variable.
 The other aspect of this comparison is that a recently upgraded internal infrastructure will perform better than an ageing one and will therefore be less likely to be outshone by cloud. If performance is paramount to a business, the likelihood is that they would adopt private cloud, where they can manage the performance themselves and ensure that nothing can cause degradation.
 It is probably true that a need for scalability is a signi fi cant driver towards adopting cloud. If an organisation understands its business well and it is relatively stable, it can plan what capacity is required and purchase as and when required. Many organisations, however, go through unexpected sharp up- and downturns in their OLTP traffi c  in step with the business performance. Not having to purchase extra capacity ‘just in case’ in such circumstances can make public cloud more appealing.

2.6.2         External Factors

1.   Publicly available bandwidth . Cloud computing requires reliable, high-performance access to the Internet to work effectively. In some luckier Western countries, this is not a problem with almost country-wide broadband coverage. In other nations, however, the Internet is only available through mobile telephones or private networks. Organisations which have their own private networks in these countries will be able to decide on a cloud adoption model as described elsewhere, but those with limited or poorly performing access may be constrained to only using public cloud SaaS options, such as email and document sharing.
2.   The competition.  It is the nature of a competitive market that organisations will monitor what each other is doing. They need to ensure that no-one steals a march in adopting some new technology that may give competitive advantage. Sustainable competitive advantage in the IT arena is an impossible dream as every advance can be replicated by the competition given time. However, to not seek at least temporary advantage is, in actual fact, to allow oneself to go backwards, as everyone else in the market will be looking for the next new advance. Of course, caution is needed. Just blindly adopting an approach because a competitor has it is a recipe for disaster. However, if your major competitor suddenly starts using public cloud for some of their IT needs, it may well be the case that you should at least review the potential advantages to your organisation.
3.   Suppliers’ and purchasers’ expectations.  The balance of power between your organisation and its customers on the one hand and its suppliers on the other will impact your decision-making. When electronic data interchange (EDI) came to the fore in the 1980s, it was seen by adopters as a cost-reducing technology which would speed the order-to-delivery process. Typically the early adopters were large companies in particular markets. The motor trade was one such market, and early adopters were the big automobile manufacturers. In order to ensure that their suppliers would adopt this new technology, some manufacturers began to dictate that all their orders for parts would be delivered electronically. In a market where the customer was king, this meant that part manufacturers had to adopt EDI practices or else face bankruptcy.
2.7         Legal Aspects of Cloud Computing
 Similar pressures will begin to bear on companies dealing with organisations which are using the public cloud to manage all or part of their own supply chain. In those circumstances, the decision to use public cloud might be made for you by default.
T here are many other business reasons for and against which model to adopt, and we investigate some more detailed investment appraisal approaches in
Chap. 8  .

2.7               Legal Aspects of Cloud Computing

 The law about cloud computing, because of the relative newness of the concept, is largely uncertain, and, as is often the case in a rapidly moving fi e ld like IT, the lawyers and legislators are having dif fi culty keeping up with the changes. However, there are some elements that are clear.

2.7.1        A Worldwide Issue

I n March 2010, in the USA, the ITIF president Robert D. Atkinson said, ‘There is no way a law enacted at the dawn of the digital age can guide law enforcement offi c ials and protect privacy rights in an age of cloud computing and the wireless Internet, and as billions of electronic exchanges occur every hour’ (ITIF Press Release  2010) .
 One reason that cloud is going to be problematic to law makers is borne of its very essence—global, shared, distributed and replicated data which may reside anywhere in the world. Several of the leading players in the spread of cloud have formed a pressure group in the USA to try and push legislators to recognise that current legal frameworks are not cloud friendly. They are called the Digital Due Process
(DDP) group and their aim is to
…simplify, clarify, and unify the ECPA [Electronic Communications Privacy Act] standards, providing stronger privacy protections for communications and associated data in response to changes in technology and new services and usage patterns, while preserving the legal tools necessary for government agencies to enforce the laws, respond to emergency circumstances and protect the public. (DDP Website  2011 )
 Naturally, when organisations like Amazon, Facebook, Google and IBM (all  fi erce competitors in the cloud market) can agree to come together to lobby government, we can see that there is a lot of commercial interest in getting the legislation changed. We are, however, still at the stage where we will have to wait and see what the law makers do in response. This all sounds very American, but we should acknowledge that in terms of cloud, where the USA goes, so, often, follows Europe and the rest of the world. China is a noticeable exception, having a massive internal market for cloud technology, but with its own particular legal frameworks which do include  fi ltering out certain cloud content before it crosses into China.
Because of the inherently international nature of cloud computing, commentators are suggesting that the world needs international treaties to allow for the free movement of information across borders, in the same way agreements protecting commercial bank transfers between organisations in different nations allows the globalisation of trade in goods.
 Policing, too, is dif fi cult when the cybercrime is so international in nature. There are international agreements already in place. The Budapest Convention, for example, allows police to access servers in other countries. However, cybercriminals can move data and applications from one server to another, across national boundaries, very easily and quickly, which makes the work of the police extremely dif fi cult.
 This uncertainty is doubtless adding to the perceived level of risk for organisations thinking of using the cloud. Compared to current service-focused IT provision, they see cloud as less transparent and may legitimately feel less protected by the law. Particularly when organisations are talking about handing over vital or sensitive information to service providers, their concerns are understandable. Moreover, even if the service providers themselves do act as their customers wish, there have been cases where governments and their legal systems have forced service providers to hand over data stored in the cloud.
W hen this happens, there may well be no impetus for the service provider to fi g ht any subpoena as the information is not theirs and they can blame the state for them having to pass the data over. The legal position is made even trickier by the fact that the law that exists, created in a different era, states that data handed over to a third party in the normal course of business can be subpoenaed without notice. What customers are doing with cloud service providers is passing data on to third parties but for storage, not for sharing, as was the norm when the laws were  fi rst couched (Gruenspecht  2010) .

2.7.2           The Current Legal Framework for Cloud

 The uncertainties outlined in the above section may be one reason for an organisation being wary of investing in the cloud. However, elsewhere in this book, we have seen its many advantages, and as with all business decisions, organisations will just weigh bene fi ts against risk. Other players, such as governmental institutions, will also provide input to the decision-making. In the EU, for example, the Commission President indicated that he foresaw that digital commerce would be a signifi c ant area of growth for Europe:
 Half of European productivity growth over the last 15 years was driven by information and communication technologies. This trend is set to intensify. Our European Digital Agenda will deliver a single digital market worth 4% of EU GDP by 2020 (Barroso  2010) .
Many companies have already committed to cloud. They will therefore need to work within the existing legal framework. Uncertainty is not an excuse to ignore the laws that do exist.
R emember that one of the building blocks of cloud, particularly the public aspects thereof, is the idea of pooling resources and charging them out on a pay-for-use basis. The service provider will typically offer certain guaranteed services, and the service contract will usually include service-level agreements (SLAs). The guarantees are usually expressed in measurable terms, some examples of which include:
2.7         Legal Aspects of Cloud Computing
      Availability of the service
      Minimum performance benchmarks
      Minimum help-desk response time
T hese SLAs are part of normal contract law. The jurisdiction in which any legal disputes will be settled is often stipulated within the SLA itself but if it isn’t determining the appropriate jurisdiction can be a lengthy (and expensive) precursor to any actual legal action. The question, in short, is the following: Which national, or subnational, laws apply? Those of the providing company’s head of fi ce? Those of the customer? Those of the location of the data centre? The safest advice to give, therefore, is to ensure that jurisdiction is explicitly agreed in the SLA.

2.7.3         Privacy and Security

 As we cover in the Security and Governance chapter of this book (Chap.  10 ), there is much for potential cloud adopters to worry about in terms of privacy and security.
This section only covers the legal aspect of these concerns.
 Until legislation speci fi c to cloud computing is forthcoming, both service providers and their customers need to rely heavily on their SLAs to effectively deal with security risks, a process that requires an element of trust from the customer perspective. Further to the comments above about the EU putting cloud high on their economic policy agenda, the EU has created a body called the European Network and Information Security Agency (ENISA) to review and respond to cybersecurity issues within the European Union. Its website says it is
… the ‘pace-setter’ for Information Security in Europe, and a centre of expertise. The objective is to make ENISA’s web site the European ‘hub’ for exchange of information, best practices and knowledge in the  fi eld of Information Security.
 ENISA’s cloud computing risk assessment report ( http://www.enisa.europa.eu/ activities/risk-management/fi les/deliverables/cloud-computing-risk-assessment ) states ‘loss of governance’ as one of the biggest single risks for cloud adopters. The customer passes responsibility for security to the service provider, who may not provide adequate guarantees in their SLAs. Any adopter therefore needs to carry out a risk assessment, perhaps as discussed in the ENISA report, and must ensure that their privacy protection is built into the SLA.
S uppliers of cloud infrastructure and services are not going to allow a perceived lack of security to prevent them from maximising profi t s. If you Google ‘cloud security IBM’ and then repeat for the major cloud players, you will see many pages on each site dedicated to explaining the supplier’s security. And current security specialists, too, have noticed how cloud is becoming important. McAfee recently released its Cloud Security Platform, for example, and Symantec’s have their Symantec.Cloud.
B ut these are still all sales pitches, and some caution needs to be taken. With the best will in the world businesses do not, and should not, blindly believe suppliers’ claims. Again, until legislation catches up, it is the customers’ task to ensure that they have contracts which ensure their data is secure and that services are delivered as promised.

2.8             Summary

 In this chapter, we explored the different methods by which cloud computing can be adopted by organisations and by individuals. The adoption types we examined were public, private, hybrid and community. These terms will be used throughout this book and are in wide usage in the computing arena and have become the de facto way of describing the differing approaches. The ways that these are implemented technically are explored in the next part of the book, whilst the business aspects are explored in Part III.
 We also analysed the way that these adoption types may be used by different types of business, from small to enterprise sized. We have a chapter in Part III which discusses large-scale enterprise cloud in more detail.
O ne of the major diffi c ulties for organisations trying to decide whether to adopt cloud computing is which model to adopt. We began to explore tools to assist in analysis of the major factors and looked at the Jericho Cloud Cube Model. A more detailed review of the  fi nancial and investment appraisals issues is to be found in Chap.  8 .

2.9             Review Questions

 The answers to these questions can be found in the text of this chapter.
1.   List the types of service that are available from cloud providers today, being clear that you understand the differences between them.
2.   How might cloud be an easy solution for smaller businesses looking for business continuity and disaster recovery?
3.   What is meant by hybrid cloud?
4.   Is a community cloud a public or private cloud solution? Or both? Or is it something else?
5.   Why is the policing of cloud seen as problematic for many law makers?

2.10            Extended Study Activities

 These activities require you to research beyond the contents of the book and can be tackled individually or as a discussion group.

2.10.1 Discussion Topic 1

 What factors are suitable for inclusion in an SLA between cloud provider and customer? You should not only review the factors themselves but also decide on their relative importance and how they might be measured and monitored. You should also consider what the likely impact of requiring extremely demanding levels would be on cost.
References
W e saw that SLAs are key for organisations in terms of ensuring satisfactory levels of service from providers. Some of the more obvious factors are around performance and availability. Five 9 s are industry-speak for as available as possible and mean that a system is up and running 99.999% of the time. However, availability levels set so high are extremely expensive to enable, as the provider will need many layers of redundancy built into their offering.
 Measurement too can be a problem. The organisation may have in mind that performance can be measured in terms of user-click-to-returned dataset times. But for cloud applications, the timings can be out of the provider’s hands since much will depend upon local Internet speeds and connections.

2.10.2 Discussion Topic 2

M any commentators see hybrid as the likely model for cloud adoption in the long term, allowing companies to use the best of both public and private platforms. In an era when many applications are built with data sharing built in, you should explore the signi fi cant challenges that will be faced by organisations with mixed public– private application portfolios.
 When attempting this question, you should look to see what standards are in place for cloud computing. If you advise your organisation to use Salesforce CRM, for example, what pressure does that put on other organisational systems in terms of preventing needless data duplication? Is there a threat that cloud could actually result in more siloed data and less sharing?

References

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Best, J.: G-Cloud will lead to shorter contracts and IT ‘bought like stationery’. Guardian Professional, Thursday 26 Jan 2012.  http://www.guardian.co.uk/government-computing-network/2012/jan/26/gcloud-contracts-liam-maxwell-procurement (2012)
Claybrook, W.: Cloud interoperability: problems and best practices. ComputerWorld, June 2011. h ttp://www.computerworld.com/s/article/9217158/Cloud_interoperability_Problems_and_ best_practices (2011)
Gartner, Inc.: Gartner Says Worldwide Cloud Services Market to Surpass $68 Billion in 2010. Gartner press release, Stamford, 22 June, 2010.  http://www.gartner.com/it/page.jsp?id=1389313 (2010)
Gruenspecht, J.: “Reasonable” grand jury subpoenas: asking for information in the age of big data. Harv. J. Law Technol.  24( 2), 543–562 (2010).  http://jolt.law.harvard.edu/articles/pdf/ v24/24HarvJLTech543.pdf
ITIF Press Release: ITIF Calls for Updates to Privacy Laws, 30 Mar, 2010.  http://www.itif.org/ pressrelease/itif-calls-updates-privacy-laws (2010). Last accessed 22 May 2012
Johnson, R.: Cloud computing Is a trap, warns GNU founder Richard Stallman, guardian.co.uk, Monday 29 Sept 2008.  http://www.guardian.co.uk/technology/2008/sep/29/cloud.computing.
Kaufman, L.M.: Can public-cloud security meet its unique challenges? IEEE J. Security Priv.  8 (4), 55–57 (2010). ISSN: 1540–7993
Li, A., Yang, X., Kandula, S., Zhang, M.: Comparing public cloud providers. IEEE Internet Comput.  15 (2), 50–53 (2010)
Maison, A.: How charities could save money by getting on ‘the cloud’. Guardian Professional, Wednesday 1 June 2011.  http://www.guardian.co.uk/voluntary-sector-network/2011/jun/01/ charities-save-money-cloud (2011). Last accessed 22 May 2012
Mearian, L.: Fortune 1000 fi r ms shun public cloud storage. ComputerWorld, May 2011.  http:// www.computerworld.com/s/article/356680/Survey_Big_Firms_Shunning_Public_Cloud_ Storage (2011). Last accessed 22 May 2012
Mell, P., Grance, T.: The NIST De fi nition of Cloud Computing, NIST Special Publication 800–145 (Draft). Recommendations of the National Institute of Standards and Technology.  http://csrc. nist.gov/publications/nistpubs/800-145/SP800-145.pdf (2011). Last accessed 22 May 2012
Opengroup: Cloud Cube Model - Selecting Cloud Formations for Secure Collaboration April 2009, The Jericho Forum, a Forum of The Open Group Available online from:  https://collaboration.
opengroup.org/jericho/index.htm (2010). Last accessed 22 May 2012
Vaquero, L.M., Rodero-Merino, L., Caceres, J.: A break in the clouds: towards a cloud defi n ition. ACM Comput. Commun. Rev.  39 (1), 50–55 (2009). doi: 10.1145/1496091.1496100 .
ISSN:0146–4833

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