dannyobrien
Joined 16 years ago
Joined 16 years ago
There's a what-if story here: one of the people Aaron worked most closely with in this part of his life was a young Ben Wikler[2]. They shared a lot of views about how things should change, and how to change them. Watching Ben's career since then, I can't help but feel that Aaron would have followed a similar path. By 2025, Ben was senior enough in the Democratic Party to be a competitive candidate for Chair of the DNC.
I often wonder whether Carmen Ortiz[3], the U.S. Attorney whose office prosecuted the case, or any of the rest of that generation, realise what they did to the Democratic Party's future chances by unjustly targeting one of its most promising figures.
[1] - https://en.wikipedia.org/wiki/Demand_Progress
[1] - See "far the worst iPhone experience ever" Daring Fireball review: https://daringfireball.net/#:~:text=one.%20The%20outer%20dev...
We'd have to explain that if the data was physically in Brazil, but hosted by a U.S. company, that would not stop that company from accessing that data remotely -- unless you specified that. We'd have to also explain that if you were intended to defend against US mass surveillance of non-US persons by the US intelligence services, intelligence services and SIGINT are univerally almost defined by their broad remit to target foreign nations on their own territory in violation of local law. And, finally, if you intended to use the prohibiting the movement of of data as a sanction against companies to punish them for violating data protection standards, as pre-GDPR law in the EU had as an ultimate last resort, and the GDPR often ends up relying on as a last resort, you would find that multinationals are more capable of putting up servers in your home territory and continuing to serve your citizens than they are of substantially changing their practices regarding data processing.
I don't want to sound nihilistic about this -- regulations can exist in these areas. But it's those politics and policies of the institutions with control over the data that are the most important part of this: not where the bits are kept. Especially when those bits are encrypted, and the keys and access controls are elsewhere.
No, I'm making no "unconditionality" claim here: there are just risks and benefits. Sometimes you're the person in the room highlighting the potential problems. The risk with doing that is that when those problems don't happen, you look like a fool. But someone should raise the problems anyway, because that's part of the risk assessment!
Of course, if the problems do happen, then you get to indulge in "I told you so". But only if you failed to convince anyone at the time.
(I can feel someone saying "but surely having redundancy in one country is good enough, so I'll just say that I know relatively sane people who try to have hemispheric redundancy in their data, and also you never know when two different-in-every-quality-but one locations will suffer from the same disaster. Floods; heat-waves; national protests and strikes. It's surprising how often rare things happen!)
On your second point, it really is crazy. And also amazing that this is a capability that is -- or should be -- available to anyone in the world, not just in the US, and not just devs. Hopefully without also having to think about their data suddenly finding itself in a warzone.
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.
[ my public key: https://keybase.io/malaclyps; my proof: https://keybase.io/malaclyps/sigs/Te_kJq5oVspmHK7CS9NSFnEgjpWrTgofYGP1M_BCgik ]
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