Comment by kjs3
12 hours ago
and start talking about where administrative access and encryption keys lived
Yeah, that was/is just another problem. Considering how that was actually handled in the real world before data residency laws came into force, I'm glad 'we' didn't convince those countries to put their citizens data at risk.
I'm not sure you were disagreeing with (past) me; but if you were, could you expand on your point?
I'm disagreeing with you. I in the before time, I had all sorts of conversations around this topic with any number of cloud providers that were like:
Us: We are concerned about our citizens (US) data, how are you managing the databases. Clout Provider (CP): They are only managed by fully background check employees. Us: Yeah, but where are they? What is their citizenship? CP: Um...mostly Eastern Europe. Lots in RU. (another CP proudly said "they're pretty much all in China...for cost containment"). Us: ...
Us: We are concerned about our citizens (EU) data, how are you managing encryption? CP: Everything is perfectly encrypted with hardware HSMs and all the FIPS and stuff. Us: So...where are the folks who run the HSMs? CP: Um...mostly SV. Some in the EU. Us: But can you assemble a quorum of US citizens for the HSM? CP: Of course! Us: ...
And on and on. Not to put too fine a point on it, many of us have no faith that vendors self policing international data protection in the face of government level pressure on companies and employees would work. Not that it can't, I don't think it would.
(I like the accidental pun of "Clout Provider" btw, which sadly conveys some of what they try to imply).
We may not be disagreeing that much. My argument was, and is, it's not about where the data is, it's about who has control over it. The counter-argument was "well if it's in another country, then we don't have jurisdiction, so it's going to be much harder". But what you need jurisdiction over is the people. Otherwise, you end up with multi-national corporate end-runs where you have shonky companies offering to store data locally, but who knows what department has control and access.
To be fair, the context I was having these conversations was countries arguing for data residency to combat the threat of mass surveillance (corporate and governmental) in the US, and the limited protections their users had relative to US nationals. But again, the problem is that it assumes that jurisdiction remains territorial: which is not how this was ever going to play out. The next wave after data residency requirements, beyond the usual extraterritorial intelligence community actions, was laws like the US CLOUD Act, the UK's Investigatory Powers Act, and Australia's TIA law, which effectively attempts to provide regular government departments and law enforcement with the legal ability to access data that would technically be on foreign soil.
My point was not that corporations should not self-police, but the concept of "it's stored here so we can oversee it" is not as clearcut as it seemed, and it risks introducing a new level of complexity to resiliently storing data. Which may be worth the price, but was never considered at the level this was discussed.
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