Snowden Archives — LIRNEasia

In our contribution to the 2013 UNCTAD Information Economy Report, we talked about the likely importance of place in cloud services purchasing decisions: The storage of data in multiple, usually foreign, jurisdictions raises a different set of regulatory issues including data protection and police investigatory powers. The jurisdictional issues are anchored on the location of the firm and the location of the data. In the former instance, wherever the data may be located, the firm may be ordered to ensure that data are subject to the laws applicable to the jurisdiction within which the firm is located. As a corollary, the firm may be required to ensure that the data are located is jurisdictions where the laws are consistent with those of its home jurisdiction. This was not too difficult a problem in the past because the firms that stored or processed data in foreign locations were large entities with capability to enforce the applicable rules through contracts and otherwise.