Cloud Computing and Law Adv. Prashant Mali [BSc.(Phy.), MSc.(Comp. Sci.), LLB] President – Cyber Law Consulting Cyber Law & IPR Expert Author & Speaker www.cyberlawconsulting.com India Legal Summit 2011
Cloud computing service providers are intermediary as per The IT Act, 2000
S2(1)(w) "Intermediary" with respect to any particular electronic records, means any person who on behalf of another person receives, stores or transmits that record or provides any service with respect to that record and includes telecom service providers, network service providers, internet service providers, web hosting service providers, search engines, online payment sites, online-auction sites, online market places and cyber cafes;
www.cyberlawconsulting.com India Legal Summit 2011
The intermediary shall observe following due diligence while discharging his duties, namely : ―
(2) Such rules and regulations, terms and conditions or user agreement shall inform the users of computer resource not to host, display, upload, modify, publish, transmit, update or share any information that ….
If such hosting reported action to be taken in 36 hours