Psn, what it provides and why we are interested in the US Cloud Act
The Cloud Act allows US law enforcement agencies to request data stored both in the US and overseas from Cloud Service Providers. And in Italy the proposal selected as a reference in the race for the PSN relies on agreements with the American giants Google, Microsoft and Aws
The race for the Cloud Pa has started.
The Department for Digital Transformation, led by Minister Colao, has launched the tender for the national Cloud of the PA and has indicated the proposal for a public-private partnership of the group of companies led by Tim, Cdp Equity, Leonardo and Sogei such as that of reference for the tender for the construction of the National Strategic Pole (Psn).
But “the main technology supplier will be Google, which has started an important national partnership with Tim”, highlights the jurist Innocenzo Genna in Domani , the daily directed by Stefano Feltri.
"Obviously we will have to wait for the outcome of the race, but for the insiders it seems to be marked by now" said Genna.
In addition to the dependence on US cloud providers, there is also the problem of sovereignty "because the US has extraterritorial regulations, the Cloud Act and Fisa 702, which allow them to access any data contained on their operators' servers, even if located in Europe ”signals Genna.
All the details on the US Cloud Act and extra US impacts.
THE AMERICAN CLOUD SERVICE PROVIDERS INVOLVED IN THE PROPOSAL SELECTED BY COLAO
For the ministry led by Vittorio Colao, the selected proposal "fully and fully satisfies the requirements expressed" in the national cloud strategy.
"This is based on agreements with some of the main Cloud Service Providers [Google, partner of Tim, Microsoft, AWS, Oracle] going" to operate directly, with its own staff or those of its Partners and at their own data centers (located in Italy) on Public Cloud technologies made available by CSPs ”explain Michele Arnese and Francis Walsingham on Startmag .
Google and Microsoft, along with market leader Amazon, dominate the realm of data storage around the world. However, they also fuel concerns in Europe about US surveillance risk in the wake of the adoption of the 2018 Us Cloud Act.
WHAT IS CLOUD ACT USA
On March 23, 2018, the US Congress passed the Clarifying Lawful Overseas Use of Data Act (CLOUD Act), a law that updates the legal framework for US law enforcement requests for data held by telecommunications service providers. .
The US Cloud Act allows US authorities, law enforcement and intelligence agencies to acquire IT data from cloud computing service operators regardless of where this data is located; so even if they are on servers outside the US.
WHAT IT PROVIDES
Specifically, as explained by Barbara Calderini, Legal Specialist – Data Protection Office, on Agendadigitale.eu , the legislation "allows US authorities, law enforcement agencies and intelligence agencies to acquire IT data from cloud computing service operators" regardless of whether such communications, record or other information is located within or outside of USA "that is, regardless of whether such communications, record or other information is located within or outside the United States".
GOOGLE, AMAZON AND MICROSOFT AFFECTED
"The Internet Service Providers affected by the measure – underlines Calderini – are the private companies subject to the jurisdiction of the United States or the companies established in the States and their branches abroad (Google, Microsoft, Amazon …) but also the European companies that have a subsidiary in the United States or operating in the American market ".
THE PROTECTIONS PROVIDED
"With regard to the data required and the nature of the measure, the measure is considered a national measure and the US authorities must strictly comply with the laws and constitutional safeguards of the United States: as the case may be, mandate, ordinance or administrative exhibition order ”Calderini highlights.
AWS ACCURACY
Finally, on the scope of the legislation, Amazon Web Services also intervened through the faqs on its site .
“By clarifying the previous law, the Cloud Act provides US law enforcement with a limited mechanism to request data stored both in the US and overseas. Above all, the Cloud Act creates additional safeguards for cloud content, recognizing the right of providers to contest requests that conflict with the laws or national interests of other countries, thus imposing compliance with local laws ", reads Aws site.
However, the fact remains that, involving the main Cloud Service Providers [Google, partner of Tim, Microsoft, AWS, Oracle] in the realization of the national strategic pole, the Italian Cloud Pa also enters the range of action of the United States Cloud Act.
This is a machine translation from Italian language of a post published on Start Magazine at the URL https://www.startmag.it/innovazione/psn-cosa-prevede-e-perche-ci-interessa-il-cloud-act-usa/ on Sun, 09 Jan 2022 06:42:14 +0000.