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TRAI’s recco for governing cloud service providers in India is…odd

(by Nikhil Pahwa and Salman SH) Telecom regulator TRAI has issued recommendations which addressed issues like governance and legal framework for cloud services in India, data protection, moving government data to cloud, among other things. Note that these are recommendations, and will be implemented if accepted by DoT, which may also choose to take a different approach. 1. Light touch regulation, but not quite hands-off. The TRAI has recommended a light touch regulation approach when it comes to cloud service providers: this means that regulations governing the cloud service providers will not be detailed, onerous and prescriptive, but will define broad principles, and take a wait-and-watch approach. Note that in this instance, a "light touch" approach doesn't mean that the DoT will not be able to exercise significant control on the cloud service provider, but that doesn't mean that the convoluted structure doesn't give it control. We've explained this below. 2. Cloud providers will have to register with industry bodies: DoT to regulate cloud specific industry bodies: TRAI has suggested that the Department of Telecom create a framework for registration of not-for-profit Cloud Service Provider industry bodies. The industry body, may charge fee from its members, which is fair, reasonable and non-discriminatory. The TRAI has said that they'll recommend the terms and conditions for the registration, eligibility, entry fee, period of registration, and governance structure etc. of the industry body, once the recommendations are accepted by the government. All cloud providers above a threshold value will have to become a part of at least…

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Founder @ MediaNama. TED Fellow. Asia21 Fellow @ Asia Society. Co-founder SaveTheInternet.in and Internet Freedom Foundation. Advisory board @ CyberBRICS

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