Rolly Rochmad Purnomo(Puslitbang Aptika & IKP Kemkominfo)

Diskusi Identifikasi Kebutuhan Regulasi dan Kebijakan TIK di Era Komputasi Awan untuk Pertumbuhan Industri Dalam Negeri

Bandung – Selasa 27 November 2012

Key WordsIdentifikasi regulasi dan kebijakan Era komputasi awanPertumbuhan industri dalam negeri

RegulasiKebijakan

Industr i Dalam Negeri

Policy Analysis Models Institutionalism (policy as institutional output)

Process (policy as political activity)

Rationalism (policy as maximum social gain)

Incrementalism (policy as variations on the past)

Group/Pluralism (policy as group equilibrium)

Elite (policy as elite preference)

Public Choice (policy as collective decision making by self-interested individuals)

Game theory (policy as rational choice in competitive situations)

A NoteModels are not competitive – any one of them

could not be judged best.

Each one provides a separate focus and each can help to understand different things about public policy.

Most policies are combination of these models

Usefulness of model: order and simplify reality, identify what is significant, be congruent with reality, provide meaningful communication, direct enquiry and research, suggest explanation.

Policy Making Process http://www.laits.utexas.edu/txp_media/html/bur/features/0303_01/policy.html

Critics on Process ModelLinear and too simplistic.Insufficiently explicating that some phases may

occur together.In real world, stages of policy may:overlap, ornot operate sequentially, or never happen.

Cloud Computing: Definition

Cloud computing is a model for enabling ubiquitous, convenient, on-demand network access to a shared pool of configurable computing resources (e.g., networks, servers, storage, applications, and services) that can be rapidly provisioned and released with minimal management effort or service provider interaction

(National Institute of Standards and Technology / NIST)

Cloud Computing: IT as a service

Infrastructure as a service (IaaS)ex. Data center, server, storage

Platform as a service (PaaS)ex. Information system, database,

security

Software as a service (SaaS)ex. e-learning, e-commerce, e-

banking

Cloud Computing: advantagesReduce cost and complexity (efficiency gain):Flexible customizable services / economies of scopeRelatively reliable & safer Risk reductionSupporting collaboration working togetherPortable be able to be accessed anywhereSimpler device do not require powerful deviceConvert capex to opex relatively low initial costBilled as usedHighly utilized economies of scale

Cloud Computing: key success factor (Nelson 2009)

Maturity of technology Standardization computer & telecommunicationsInvestment in infrastructure broadband, etcApplication & software developmentUser acceptance & need education, trust

Cloud Computing: some views‘Cloud computing is not a new technology, but

rather a new business model or new IT delivery model” do we just need to adapt existing policies?

“Cloud computing is much more than simply a new set of technologies and business model. It is rapidly emerging as a platform that will support the next generation of digital product and services” do we need a new set of policies?

Cloud Computing: some policy problemsResearch & educationInfrastructure developmentUniversal access to the cloud narrowing digital

divideE-government & open standardsWiretapping and electronic surveillance cross-

border data flow, data sovereigntyIntellectual property and liability responsible partiesPrivacy and SecurityConsumer protection reliability, system malfunction,

business continuity, service level agreement, contractCompetition and anti-trust

Competition related issues (Kushida et. al, 2011)

Is the cloud a ‘utility’ service?The cloud is a utility-like service because it is provided by large companies with significant scale natural monopoly?The cloud is a enhanced utility service because it offers differentiated product.The cloud is a dynamic utility service because it can be configured and customized interoperability & portability problems?The cloud is a dynamic configured utility because it is a service combining scalable, always available, pay for use, configurable, differentiated, non geographic bound features competitive services?

Competition related issues

The cloud is considered as a utility service usually provided by big businesses with dominant position.

Some sources of dominant position:Economies of scaleHigh investment costOwnership of key intellectual propertyFirst mover advantageConsumer preferenceProduct differentiation & economies of scope InnovationExclusivity rights

Competition related issuesDominant position is not against the law but it makes

the firm under strict supervision by the authority for possible anticompetitive behaviors.

Some strategies that adversely impacts the market such as monopolization, collusion, and discrimination may lead to an investigation.

Other strategies that highers switching cost or limits choice for consumer such as lock-in and interoperability constraint may also raise anti-trust concern.

Do we need a cloud specific competition-related regulations (ex-ante rather than ex-post regulation)?

Competition related issues: UU-ITE & PP-PSTE

Nama Domain Ps. 23(2) UU-ITE

Interkonektivitas dan Kompatibilitas Perangkat keras Ps. 6 (1.a) PP-PSTE

Agen elektronik wajib memberikan perlakuan yang sama terhadap penyelenggara sistem elektronik yang menggunakan agen elektronik tersebut Ps. 36 (3) PP-PSTE

Others? Software/application (interoperability problem)?

Competition related issues: Is an integrated provider allowed?

Providers in UU-ITE & PP-PSTE:Penyelenggara Sistem ElektronikPenyelenggara Agen ElektronikPenyelenggaraTransaksi ElektronikPenyelenggara Sertifikasi ElektronikLembaga Sertifikasi Keandalanetc

Some notes for policy maker (Nelson 2009)

Public policy is critical in enforcing cloud development the government has an important role in shaping the cloud.

Policy should be flexible and adaptable responsive policy-making process but not premature regulation.

Government need to challenge and, if required, change existing policies government may need to consider fundamentally new approaches of policies.

The government should follow industrial practice rather than mandating untried solutions.

In some circumstances, Due to its global nature, cloud policy solutions must be cross-jurisdictional.

Bibliography CCIA, 2011.Public Policy for the Cloud: How policy maker can enable cloud

computing. Jaeger, P., Lin, J., Grimes, J. M., nd. Cloud Computing and Information Policy:

Computing in a policy cloud?. Forthcoming in the Journal of Information Technology and Politics, 5(3).

Kushida, K. E., Murray, J., and Zysman, J., 2011. Diffusing the Cloud: Cloud computing and its implication to public policy. J Ind Compet Trade. doi: 10.1007/s10842-011-0106-5.

Murray, J., and Zysman, J., 2011. Cloud Computing: Policy challanges for a globally integrated innovation, production and market platform. TPN Translatic Week July 2011.

Nelson, M. R., 2009. The Cloud, The Crowd, and Public Policy. Issues in Science and Technology – Summer 2009- pp:71-76.

Pous, V. A., 2012. Legal and Public Policy Aspects of Cloud Computing. Executive up-date for the 4th China Cloud Computing Conference, may 23-25, 2012, Beijing.

Strommen-Bakhtiar, A., and Razavi, A. R., 2011. Should the Cloud be Regulated? An assessment. Issues in Informing Science and Information Technology Vol. 8- 2011.

Thank You