云安全,不是技术那么简单

要确保云中数据的无缝迁移,需要关注所属区域的法律规定以及仔细研读相关合同条款。

品诚梅森(Pinsent Masons)合伙人Paul Haswell发表主题演讲
品诚梅森(Pinsent Masons)合伙人Paul Haswell发表主题演讲

随着云计算技术的快速发展,数据安全也成为了日益凸显的一个问题。

在去年举办的DCD Converged上海站会议上,来自国际性法律事务所“品诚梅森”合伙人Paul Haswell发表主题演讲,指出云安全不仅仅是技术那么简单,还牵涉到数据保护等法律问题。

在名为《云安全——不仅仅是技术》的演讲当中,Paul Haswell告诉广大参会者,作为一名律师,他处理的最多的云服务案件和两个问题相关,一个是数据迁移,另外一个是数据安全。

Paul Haswell指出,在数据向云迁移的过程中,客户只是将数据拿出来,交由供应商管理,却无从知道数据迁往了哪里,也不知道迁移到了哪个国家。另一方面,不少国家都有自己的数据保护法律,规定禁止将国内数据迁往国外,并且每个国家的数据保护规定都各不相同。

“例如,欧盟数据保护指南95/46/EC禁止欧盟的用户将数据迁往欧盟以外的国家,除非这些国家有相同的数据保护法律。这就限制了将数据迁往美国和亚洲等地区。而在欧盟批准的数据迁移国家当中,比如乌干达,数据迁移量并不是那么多,因此也不是非常有意义。”

Paul Haswell表示,虽然各国都推出各自的数据保护法,然而收效却往往不尽如人意。“全球无论任何地方,你都可以在报纸上读到有关数据泄露、间谍等的新闻。因此,对于数据的法律保护在现实世界当中是难以落地的。”

“最近几年都有频繁的黑客事件发生。就在最近,苹果的 iCloud遭到了黑客的袭击,无数名人的私人照片被流传开来。而其他许多知名企业包括易趣、亚马逊、《纽约时报》都有被黑客攻击过。过去十几年来,我们一直在担心大规模杀伤武器问题,而现在我们担心的‘大规模扰乱武器’问题”。

他指出,黑客攻击无时不在,只要登陆http://map.ipviking.com/,就可以了解各个国家主动发起攻击以及被攻击的情况。“登陆这个网站可以看到,世界上没有一个国家不受黑客的攻击,比如美国和中国,其实就是在做‘乒乓’式的相互攻击。”

然而,Paul Haswell指出,数据在向云迁移的过程中,仅仅了解数据所受管辖区域的法律还远远不够,还需要读懂云服务供应商的合同条款。

“所有的云服务合同都会提供有关数据如何迁入、如何访问的详细条款,然而对如何将数据迁移出来,以什么样的格式迁移出来等问题却都没有明确规定。这就导致了当问题出现的时候,往往没有应对方案。“

Paul Haswell引用了一个生动的比喻来说明某些云供应商和客户之间的关系。他说,在签订合同之前,云服务供应商会向客户承诺很多东西,就像求婚的小伙会像被求婚的姑娘承诺“住大房子、到不同国家旅游、不用工作……”一样;然而,等问题出现了,情况就完全不一样了。

Paul Haswell指出,当用户找到另外一家性价比更好的云服务供应商的时候,数据迁移也往往是一个令人头疼的问题。“当你要从原来的云服务供应商那里取出数据的时候,往往不知道将需要多长时间,会获得什么格式的数据。如果原来供应商规定30天内删除所有数据,这对于数据量较多的大型企业来说,也不一定是很长的时间。而且在向新的云服务供应商转移的过程中,鉴于竞争对手的关系,原来的云服务供应商也不一定提供数据迁移所需的支持。”

Paul Haswell强调,在和云服务供应商签订合同的时候,用户一定要认真阅读合同各项条款,尤其要特别留意“当问题发生的时候应该怎么办”这个问题。他指出,对于像这样的合同条款“我们将像处理自己数据一样处理您的数据,以确保安全性;供应商同意做出适当努力确保数据处在较为安全的系统当中……”,说得非常抽象,其实并没有任何实质性的内容,需要特别注意。

他在演讲中指出,目前云服务合同当中云服务供应商,尤其是大型服务供应商处于强势地位的居多。“如何任何故障发生,仅赔偿服务年费的50%作为损失补偿;在合同违约的情况下,同意将服务信用积分作为唯一的补偿;所有的赔偿视情况而定……对于这些合同条款,无论用户遭遇了什么样的损失,得到的赔偿都是非常有限的。”

Paul Haswell例举了2011年亚马逊发生的严重宕机故障来说明这个问题。这次宕机持续了整整四天,然而却仍然没有违反服务级别协议(SLA)。因为亚马逊的SLA是“在一个地区确保365天99.95%的可用性”,而这次发生故障的是EBS和RDS服务,都局限在一个区域的可用区域,而不是EC2发生故障;因此,从法律上来说,亚马逊并没有违背SLA协议。

他引用了IT评论家George Reese 的话来说明这次宕机:“如果这周你在亚马逊云上的系统无法正常运行,这并不是亚马逊的错。你可以把这次宕机看成是可接受的风险,或者认为自己没有按照亚马逊云计算模型去设计。”

面对当前云安全的严峻形势,Paul Haswell对云服务供应商和云服务客户都提出了相应的建议。“从客户角度来说,他们需要确保SLA是可行且可监控的,并确保在遭遇问题的时候是否可以得到充分的补偿,明确如果出现问题会发生什么,并且货比三家,将可以接受的条款列入清单当中。”

“从供应商的角度来说,应该细化合同条款,规定出现问题后的补救措施,这样才能让赢得要求越来越高的消费者。”

 

 

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  118. Hands down, Apple’s app store wins by a mile. It’s a huge selection of all sorts of apps vs a rather sad selection of a handful for Zune. Microsoft has plans, especially in the realm of games, but I’m not sure I’d want to bet on the future if this aspect is important to you. The iPod is a much better choice in that case.

  119. The new Zune browser is surprisingly good, but not as good as the iPod’s. It works well, but isn’t as fast as Safari, and has a clunkier interface. If you occasionally plan on using the web browser that’s not an issue, but if you’re planning to browse the web alot from your PMP then the iPod’s larger screen and better browser may be important.

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  123. Apple now has Rhapsody as an app, which is a great start, but it is currently hampered by the inability to store locally on your iPod, and has a dismal 64kbps bit rate. If this changes, then it will somewhat negate this advantage for the Zune, but the 10 songs per month will still be a big plus in Zune Pass’ favor.

  124. Zune and iPod: Most people compare the Zune to the Touch, but after seeing how slim and surprisingly small and light it is, I consider it to be a rather unique hybrid that combines qualities of both the Touch and the Nano. It’s very colorful and lovely OLED screen is slightly smaller than the touch screen, but the player itself feels quite a bit smaller and lighter. It weighs about 2/3 as much, and is noticeably smaller in width and height, while being just a hair thicker.

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  128. Apple now has Rhapsody as an app, which is a great start, but it is currently hampered by the inability to store locally on your iPod, and has a dismal 64kbps bit rate. If this changes, then it will somewhat negate this advantage for the Zune, but the 10 songs per month will still be a big plus in Zune Pass’ favor.

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  130. If you’re still on the fence: grab your favorite earphones, head down to a Best Buy and ask to plug them into a Zune then an iPod and see which one sounds better to you, and which interface makes you smile more. Then you’ll know which is right for you.

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  142. This is getting a bit more subjective, but I much prefer the Zune Marketplace. The interface is colorful, has more flair, and some cool features like ‘Mixview’ that let you quickly see related albums, songs, or other users related to what you’re listening to. Clicking on one of those will center on that item, and another set of “neighbors” will come into view, allowing you to navigate around exploring by similar artists, songs, or users. Speaking of users, the Zune “Social” is also great fun, letting you find others with shared tastes and becoming friends with them. You then can listen to a playlist created based on an amalgamation of what all your friends are listening to, which is also enjoyable. Those concerned with privacy will be relieved to know you can prevent the public from seeing your personal listening habits if you so choose.

  143. The new Zune browser is surprisingly good, but not as good as the iPod’s. It works well, but isn’t as fast as Safari, and has a clunkier interface. If you occasionally plan on using the web browser that’s not an issue, but if you’re planning to browse the web alot from your PMP then the iPod’s larger screen and better browser may be important.

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