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Did privacy laws bring down Gmail yesterday?

By | February 25, 2009, 7:45am PST

Summary: Now we know that yesterday’s Gmail outage was due to new code Google is developing to keep data ‘geographically close to its owner’. My guess is that the new code is there to help Google and its customers comply with Europe’s privacy laws.

I was idly scanning The Register’s write-up of yesterday’s Gmail outage in Europe when this explanation from Gmail reliability manager Acacio Cruz caught my eye:

“Unexpected side effects of some new code that tries to keep data geographically close to its owner caused another data centre in Europe to become overloaded, and that caused cascading problems from one data center to another. It took us about an hour to get it all back under control.”

Why is Google developing code to keep data ‘geographically close to its owner’? Europe’s privacy laws, is my guess. This is a topic I’ve been following over on The Connected Web, where I recently posted about a phenomenon I’ve called data protectionism: “One important obligation on any business operating within the EU is a continuing responsibility to ensure the security and privacy of data transferred elsewhere.” This week I followed up with news of a World Privacy Forum report that helpfully spells out all the implications for cloud providers and consumers.

Here’s how this ends up bringing down Gmail:

  1. Google successfully recruits several large European enterprises to Google Apps;
  2. Those businesses express concern about their data privacy obligations under EU law;
  3. Google’s engineers start developing algorithms to keep data from straying beyond certain geographic territories;
  4. Those algorithms behave unexpectedly during a routine upgrade;
  5. Gmail goes down.

I have no evidence for this chain of events apart from what Cruz wrote, but why else would Google want to keep data “geographically close to its owner”? In cloud computing terms, the notion is almost absurd — and of course absurdity is precisely the sort of thing that produces unexpected outcomes in any system.

Absurd though it may seem, the point is a crucial one for cloud providers to take on board. Their infrastructures are going to have to build in awareness of real-world jurisdictions so that providers and their customers can demonstrate compliance with undertakings on matters of national law such as data privacy, intellectual property rights and taxation. Shifting data across a national boundary during an outage can have serious legal repercussions, and the cloud has got to take that into account — but without falling over.

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Since 1998, Phil Wainewright has been a thought leader in cloud computing as a blogger, analyst and consultant.

Disclosure

Phil Wainewright

Phil Wainewright's work as an independent consultant brings him into direct or indirect business relationships with several of the companies that he writes about, or their competitors. Phil is committed to maintaining the independent and opinionated stance that his writings are well known for and does not enter into contracts that would limit his freedom of expression in any way. However it is important in the interests of full disclosure to inform readers of those relationships so they can form their own judgement.

Read the complete list of Phil's relationships.

Biography

Phil Wainewright

Since 1998, Phil Wainewright has been a thought leader in cloud computing as a blogger, analyst and consultant. He founded pioneering website ASPnews.com, and later Loosely Coupled, which covered enterprise adoption of web services and SOA. As CEO of strategic consulting group Procullux Ventures, he has developed an evaluation framework to help ISVs and enterprises select cloud platforms, and advises US and European vendors on messaging, positioning and go-to-market. His newest role as an industry advocate is vice-president of EuroCloud.

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knowing google
frgough 25th Feb 2009
it's much more likely that they were trying to target their advertising to
regions geographically close to you.
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RE: Did privacy laws bring down Gmail yesterday?
Loverock Davidson 25th Feb 2009
No, it was the fact they are using linux on their servers that brought gmail down yesterday.
just wondering.
0 Votes
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The answer would be C, both of the above.
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Sheesh...(nt)
rjacksix 25th Feb 2009
nt
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Funny thing is...
MGP2 25th Feb 2009
I didn't even have to look at the ID to know who posted that.
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Geo-targeted advertising is probably the main reason. As far as privacy goes, the implication of this piece that EU privacy laws are an unreasonable burden on Cool Cloud Computing is not very likely. It's more likely that certain governments and businesses around the world will frown on the Cloud unless all the servers are within its borders. Otherwise, they'll be nervous that the U.S. is datamining everything they do by tapping into Google's headquarters.
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Who can blame 'em?
az_nemesis 5th Mar 2009
Otherwise, they'll be nervous that the U.S. is datamining everything they do by tapping into Google's headquarters.

If I lived in a country other than the U.S., I would consider that a damned valid concern. Hell, I live in the U.S., and I still think it's a damned valid concern. I'm sure AT&T would be willing to move the NSA back into that closet next to the server room any time the feds asked. Freedom and democracy, baby! Gotta love it!
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that is a most excellent point.
Been_Done_Before 25th Feb 2009
Didnt think about it that way, but it makes sense. Juristriction seems to be very important to google and in a cloud environment that spans the globe, it could be a little tough to keep that type of redundancy while maintaining a world wide system.
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RE: Did privacy laws bring down Gmail yesterday??
fatman65535 Updated - 25th Feb 2009
(sarcasm mode="absolutely ridiculous")

With all of this talk about "Cloud Computing" and storing data in the "Cloud"; one thing seems to have been forgotten. Whose laws apply??

My solution, put the cloud on the moon. According to international treaty no one owns the moon (all of those 1 acre deeds notwithstanding). The only hiccups I foresee are the latency delay. 3 to 5 seconds each way can be troublesome; the other would be maintenance. I know, 'outsource' that.

Excuse me while I pour a snort!

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RE: Did privacy laws bring down Gmail yesterday?
patrick.eric@... 25th Feb 2009
I would think performance would be the reason. Given
enough traffic, the fewer hops the better. Is
performance not the reason Google has purchased so
much dark fiber?
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He said owner, not user
phil wainewright 26th Feb 2009
My first thought was performance, too. Others have said advertising. But here's the thing: the new code "tries to keep data geographically close to its owner", which especially in the context of an enterprise account on Google Apps conveys a completely different context than if it had said 'user'. If I work for L'Oreal, my data belongs to my French employer and even if I'm on vacation in Miami, the corporate data I touch has to stay in Miami. That's why I say this is about privacy laws and not performance, advertising or other user-centric issues.
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No. It's Efficiency.
soopahman 26th Feb 2009
Why would keeping data close to a user be absurd?

Read about Amazon EC2's Edge-Caching. Everything you
need to explain why you'd put data close to a user is
there. And, it's really pretty obvious. Another poorly
thought-out article from ZDNet... .
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RE: No. It's Efficiency.
phil wainewright 27th Feb 2009
I know all about edge caching but there is a difference between network topology and real-world geography. The closest point to a user on a network (measured in download/upload bandwidth and speed) is not necessarily the nearest geographic location. It depends on where the routers are and what the intervening pipes are like.

Maybe I'm reading too much into the Google posting, but it said "keep data geographically close to its owner" not "cache data close to its user."
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RE: Did privacy laws bring down Gmail yesterday?
Babs I. Wilsmore 2nd Mar 2009
I would suspect that you may be referring to legislation like the Safe Harbour Act and that a significant amount of organisations do not opt for cloud due to the Patriot act for example. I do not believe this is absurd at all, in fact, not dealing with the issue might be absurd but I see your point. What is the use of a cloud if legislation constrains us to use the cloud. It is a real complex challenge for organisations, and not just in Europe. There are no real global privacy policies, and as someone who took her organisation to Google, this was a real ball breaker. Owner, User, Generator, Controller, Custodian- all these roles need focus in the cloud new world. But in reality, there have been issues for years in the platform based world of hosting. I wondered what those organisations so impacted in Europe had done in their BCP and DR planning though, really, where was Plan B for this critical life line?
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Regarding SaaS Testing
TeenaJoyce 3rd Mar 2009
I would like to know the various phases of SaaS Testing, The Release Cycle, difference of testing web application and Saas application


Thanks,
Teena

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