EXECUTIVE SUMMARY

Many web services are examples of cloud computing, from storage and backup sites such as Flickr and Dropbox to online business productivity services such as Google Docs and Salesforce.com. Cloud computing offers a potentially attractive solution to customers keen to acquire computing infrastructure without large up-front investment, particularly in cases where their demand may be variable and unpredictable, as a means of achieving financial savings, productivity improvements and the wider flexibility that accompanies Internet-hosting of data and applications.

The greater flexibility of a cloud computing service as compared with a traditional outsourcing contract may be offset by reduced certainty for the customer in terms of the location of data placed into the cloud and the legal foundations of any contract with the provider. There may be unforeseen costs and risks hidden in the terms and conditions of such services.

This document reports on a detailed survey and analysis of the terms and conditions offered by cloud computing providers.

The survey formed part of the Cloud Legal Project at the Centre for Commercial Law Studies (CCLS), within the School of Law at Queen Mary, University of London, UK. Funded by a donation from Microsoft, but academically independent, the project is examining a wide range of legal and regulatory issues arising from cloud computing. The project's survey of 31 cloud computing contracts from 27 different providers, based on their standard terms of service as offered to customers in the E.U. and U.K., found that many include clauses that could have a significant impact, often negative, on the rights and interests of customers. The ease and convenience with which cloud computing arrangements can be set up may lull customers into overlooking the significant issues that can arise when key data and processes are entrusted to cloud service providers. The main lesson to be drawn from the Cloud Legal Project’s survey is that customers should review the terms and conditions of a cloud service carefully before signing up to it.

The survey found that some contracts, for instance, have clauses disclaiming responsibility for keeping the user’s data secure or intact. Others reserve the right to terminate accounts for apparent lack of use (potentially important if they are used for occasional backup or disaster recovery purposes), for violation of the provider’s Acceptable Use Policy, or indeed for any or no reason at all. Furthermore, whilst some providers promise only to hand over customer data if served with a court order, others state that they will do so on much wider grounds, including it simply being in their own business interests to disclose the data. Cloud providers also often exclude liability for loss of data, or strictly limit the damages that can be claimed against them – damages that might otherwise be substantial if a failure brought down an e-commerce web site.

Although in some U.S. states, in E.U. countries and in various other jurisdictions the validity of such terms may be challenged under consumer protection laws, users of cloud services may face practical obstacles to bringing a claim for data loss or privacy breach against a provider that seems local online but is, in fact, based in another continent. Indeed, service providers usually claim that their contracts are subject to the laws of the place where they have their main place of business. In many cases this is a US state, with a stipulation that any dispute must be heard in the provider’s local courts, regardless of the customer’s location.

Perhaps the most disconcerting discovery of the Cloud Legal Project’s survey was that many providers claimed to be able to amend their contracts unilaterally, simply by posting an updated version on the web. In effect, customers are put on notice to download lengthy and complex contracts, on a regular basis, and to compare them against their own copies of earlier versions to look for changes.

The cloud computing market is still developing rapidly, and potential cloud customers should be aware that there may be a mismatch between their expectations and the reality of cloud providers' service terms, and be alive to the possibility of unexpected changes to the terms.

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At a time of decelerating regional growth in sub-Saharan Africa, South Africa—one of the continent’s leading economies—is facing the brunt of concurrent external and domestic growth shocks. During a Brookings event on April 14, 2016 moderated by Africa Growth Initiative Director Amadou Sy, South African minister of finance, the Honorable Pravin Gordhan, provided cause for encouragement, as he highlighted strategies that South Africa is implementing to reverse slowing growth trends, boost social cohesion, and springboard inclusive, sustainable development.

Throughout the event, Minister Gordhan emphasized that South Africa is refocusing its efforts on implementing homegrown policies to mitigate the effects of global and domestic shocks: “Our approach is not to keep pointing outside our borders and say, ‘That’s where the problem is.’ We've got our own challenges and difficulties, and potential and opportunities. And it's important to focus on those, and rally South Africans behind that set of initiatives so that we could go wherever we can in terms improving the situation.”

He began by explaining the major growth problems facing South Africa, including first-level structural challenges—consistent electricity supply and labor relations—as well as deeper structural challenges, for instance, reforming the oligopolistic sectors of its economy. To address these issues, he expanded on what collaborative, multi-stakeholder efforts would be necessary. Watch:

Contending with infrastructure needs—particularly energy and logistical, but also social, such as water and sanitation, health care, and educational facilities—will play a significant role in overcoming these aforementioned challenges. Minister Gordhan explained how the government aims to fill existing infrastructure gaps through innovative financing mechanisms. Watch:

Later in the event, Sy pressed Minister Gordhan on plans for implementation for the country’s ambitious goals. As an example, Minister Gordhan underlined “Operation Phakisa,” a results-driven approach to fast-track the implementation of initiatives to achieve development objectives. The government intends to use this methodology to address a number of social priorities, including unlocking the potential of South Africa’s coastlines and oceans. Watch:

Urbanization in South Africa and sub-Saharan Africa as a whole is widespread and increasing, creating a demand for governments to both maintain their infrastructure as well as harness their energy and human capacity. Cities, especially those in South Africa’s Gauteng Province (Johannesburg, Pretoria, and Ekurhuleni), will continue to be crucial engines of economic development if municipal governance systems effectively manage the region’s expected rapid urbanization in the years to come. Minister Gordhan discusses some of the lessons learned from the Gauteng city region. Watch:

In sum, referring to the confluence of adverse global conditions and internal problems currently affecting South Africa, Minister Gordhan stated, “Whenever you are in the middle of a storm it looks like the worst thing possible—but storms don’t last forever.” He did not doubt the ability of the South African people to weather and emerge stronger from the storm, offering: “Ultimately South Africans are hopeful, are optimistic and resilient.”

You can watch the full event here. 

Video

• Pravin Gordhan notes the major growth challenges in South Africa
• Pravin Gordhan on addressing South Africa’s infrastructure gaps
• Pravin Gordhan on implementation of South Africa's development objectives
• Pravin Gordhan on the vital role of cities in economic development in South Africa

Editor’s note: Brookings Senior Fellow Vanda Felbab-Brown is currently on the ground in Afghanistan and sent over a dispatch on what she’s seeing.

President Barack Obama is about to make crucial decisions about the number of U.S. soldiers in Afghanistan in 2016 and possibly after. His decision will be a vital signal to other U.S. allies in Afghanistan and its neighbors. Recent events in Afghanistan, particularly the Taliban's capture of Kunduz, show how too large a reduction in US military and economic support can hollow out the state-building effort and strengthen the Taliban and many other terrorist groups operating in Afghanistan, including those labeling themselves daesh. In such a case, collapse of the government and indeed a collapse of the entire political order the United States has sought to build since 2001 are high. Maintaining support at something close to the current level of effort does not guarantee military or political success or that peace negotiations with the Taliban will eventually produce any satisfactory peace. But it buys us time. On the cusp of a dire situation, Afghan politicians equally need to put aside their self-interested hoarding, plotting, and back-stabbing, which are once again running high, and being put ahead of the national interest.

The Taliban’s recent victory in Kunduz is both highly impactful and different from the previous military efforts and victories of the Taliban over the past several years. For the first time since 2001, the Taliban managed to conquer an entire province and for several days hold its capital. The psychological effect in Afghanistan has been tremendous. For a few days, it looked like the entire provinces of Badakshan, Takhar, and Baghlan would also fall. Many Afghans in those provinces started getting ready to leave or began moving south. If all these northern provinces fell, the chances were high, with whispers and blatant loud talk of political coups intensifying for a number of days, that the Afghan government might fall, and perhaps the entire political system collapse., In short, the dangerous and deleterious political and psychological effects are far bigger than those from the Taliban's push in Musa Qala this year or last year. Particularly detrimental and disheartening was the fact that many Afghan National Army (ANA) and Afghan National Police (ANP) units, led by weak or corrupt commanders, did not fight, and threw down their arms and ran away. Conversely, the boost of morale to the Taliban and the strengthening of its new leader Mullah Akbar Mansour were great. However, the Taliban also discredited itself with its brutality in Kunduz City.

The Taliban operation to take Kuduz was very well-planned and put together over a period of months, perhaps years. Foreign fighters from Central Asia, China, and Pakistan featured prominently among the mix of some 1,000 fighters, adding much heft to local militias that the Taliban mobilized against the militias of the dominant powerbrokers and the United States, as well as the government-sponsored Afghan Local Police. The support of Pakistan's Inter-services Intelligence for the Taliban, which the country has not been able to sever despite a decade of pressure from the United States and more recent engagement from China, significantly augmented the Taliban's capacities.

Kunduz is vital strategic province, with major access roads to various other parts of Afghanistan's north. Those who control the roads—still now the Taliban—also get major revenue from taxing travelers, which is significant along these opium-smuggling routes. It will take time for the Afghan forces to reduce Taliban control and influence along the roads, and large rural areas will be left in the hands of the Taliban for a while. Both in the rural areas and in Kunduz City itself, the Taliban is anchored among local population groups alienated by years of pernicious exclusionary and rapacious politics, which has only intensified since March of this year. Equally, however, many of the local population groups hate the Taliban, have engaged in revenge killings and abuses this week, and are spoiling for more revenge.

Despite the intense drama of the past week, however, Afghanistan has not fallen off the cliff. Takhar and Baghlan have not fallen, nor has all of Badakhshan. The political atmosphere in Kabul is still poisonous, but the various anti-government plots and scheming are dissipating in their intensity and immediacy. On Wednesday, Afghan President Ashraf Ghani reached out to some of those dissatisfied powerbrokers, who have been salivating for a change in political dispensation. The crisis is not over, neither on the battlefield in Kunduz and many other parts of Afghanistan, nor in the Afghan political system. But it is much easier to exhale on Thursday, October 8th.

United States air support was essential in retaking Kunduz and avoiding more of Badakhshan falling into the hands of the Taliban, precipitating a military domino effect in the north and inflaming the political crisis. Despite the terrible and tragic mistake of the U.S. bombing of the Médecins Sans Frontières hospital, maintaining and expanding U.S. air support for the Afghan forces, and allowing for U.S. support beyond in extremis, such as in preventing a similar Taliban offensive, is vital. It is equally important to augment intelligence- assets support. Significant reductions in U.S. assistance, whether that be troops, intelligence, or air support, will greatly increase the chances that another major Taliban success—like that of Kunduz, and perhaps possibly again in Kunduz—will happen again. It would also be accompanied by intensely dangerous political instability.

Equally imperative is that Afghan politicians put aside their self-interested scheming and rally behind the country to enable the government to function, or they will push Afghanistan over the brink into paralysis, intensified insurgency, and outright civil war. In addition to restraining their political and monetary ambitions and their many powerplays in Kabul, they need to recognize that years of abusive, discriminatory, exclusionary governance; extensive corruption; and individual and ethnic patronage and nepotism were the crucial roots of the crisis in Kunduz and elsewhere. These have corroded the Afghan Army and permeate the Afghan Police and anti-Taliban militias. Beyond blaming Pakistan, Afghan politicians and powerbrokers need to take a hard look at their behavior over the recent days and over many years and realize they have much to do to clean their own house to avoid disastrous outcomes for Afghanistan. To satisfy these politicians, many from the north of the country and prominent long-term powerbrokers, President Ghani decided over the past few days to include them more in consultations and power-sharing. Many Afghan people welcome such more inclusive politics, arguing that while the very survival of the country might be at stake, grand governance and anti-corruption ambitions need to be shelved. That may be a necessary bargain, but it is a Faustian one. Not all corruption or nepotism can or will disappear. But unless outright rapacious, exclusionary, and deeply predatory governance is mitigated, the root causes of the insurgency will remain unaddressed and the state-building project will have disappeared into fiefdoms and lasting conflict. At that point, even negotiations with the Taliban will not bring peace.

We are kicking off the new Millions Learning video series with a spotlight on Teach For All, one of the 14 case studies examined in the Millions Learning report. Teach For All is an international network of local, independent partner country organizations dedicated to improving educational opportunities for children and youth around the globe. From China to Bulgaria to Peru to Ghana, each partner organization recruits and trains recent top-performing graduates and professionals to teach in their country’s underserved communities for two years, with the ultimate goal of developing a cadre of education leaders, both inside and outside of the classroom.

In this video, Wendy Kopp, CEO and co-founder of Teach For All, discusses Teach For All’s unique approach to building a pipeline of future “learning leaders and champions” and the role that a supportive policy environment plays in enabling this process. Kopp then explains how Teach For All grew from the original Teach For America and Teach First in the United Kingdom to an international network of 40 partner countries, sharing her own lessons learned along the way.

To learn more about Millions Learning, please visit our interactive report, Millions Learning: Scaling up quality education in developing countries, and/or visit our webpage.

Video

• Getting millions to learn: Interview with Wendy Kopp of Teach For All