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Server Location: A Significant Factor in Cloud Computing Services
Francoise Gilbert
In a cloud computing environment, data and applications are hosted "in the cloud.” What that cloud is made of, and where its components are located, matters. However, ask a cloud service vendor where your data will be stored or processed, the typical answers will likely range from "well... hum ... in the cloud" to "we have servers everywhere, data moves around constantly" or "we cannot tell you for security reasons."
As the custodian of confidential and valuable data -- personal or company information -- you need to know where data will be located at all times. In the cloud environment, location matters, especially from a legal standpoint.
Jurisdiction
In the legal world, location is most frequently associated with jurisdiction. The concept of “jurisdiction” is associated with the power of a judge or government entity to assert authority over the persons or things involved in an action, and to make a decision about a specific issue or sets of facts.
Jurisdiction is not necessarily exclusive. Several countries or courts may have concurrent jurisdiction over a matter. Indeed, litigants frequently argue about who has jurisdiction over their dispute. In the cloud environment, where a piece of equipment is located may have significant consequences on the ability of a court or other government authority to assert jurisdiction over that piece of equipment, and, in the case of a server, over the data contained in that server.
If the cloud that hosts your data has servers in a foreign country, the laws of that foreign country may govern your data when stored in that server. As a result, many important foreign laws may govern your data (in addition to those of the United States). Consider the following legal issues that stem from data location.
Read more: Server Location: A Significant Factor in Cloud Computing Services