[cryptography] Using Cloud to Obfuscate Liability

Jeffrey Walton noloader at gmail.com
Sun Sep 18 07:12:24 EDT 2011

On Sun, Sep 18, 2011 at 6:43 AM, Ian G <iang at iang.org> wrote:
> On 18/09/11 7:30 PM, Jeffrey Walton wrote:
>>>> Its kind of like the poor
>>>> man's cloud (and corporate america is flocking to the cloud, in part
>>>> due to the additional layer of liability offload).
>>> ! OK, I'll bite.  How does one offload liability by using the cloud?
>> The provider is another entity in the legal entanglements, which
>> offers yet another level of indirection.
>> Pre-cloud: Company A houses your data. Company A is breached, and
>> company A is exposed to legal liability. Post-cloud: Company A uses
>> Company B's cloud service. Your data is breached, and its not clear if
>> the loss occurred at company A or company B. Since you can't prove who
>> is responsible for the loss, neither company is subject to a tortable
>> action.
> Tort <= provable agent.  I get it, thanks!
Sorry man! I know cynicism spills into a lot of [my] discussions.
Thanks for tolerating it.

>> By the time dust settles on data breaches, any attempts to certify a
>> class action are thrown out because members of the class cannot show
>> loss (and future loss is not considered). Its only going to get worse
>> when cloud providers are added to the mix.
> Meanwhile, Peter says, in answer to Dan's cloud question:
>> If you avoid it like the plague, you should be OK.
> Seems like we have different threat models in mind ;)
The keepers of the information have not done a good job with data
security with only one entity, so they add more to the mix! Now data
can egress from the original system and the cloud owners.


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