U.S. Cloud Vendors Hurt By NSA

Edward Snowden’s public unveiling of the National Security Agency’s Prism surveillance program could cause U.S. providers of cloud-based services to lose 10% to 20% of the foreign market — a slice of business valued at up to $35 billion.

A new report from the Information Technology & Innovation Foundation (ITIF) concludes that European cloud computing companies, in particular, might successfully exploit users’ fears about the secret data collection program to challenge U.S. leadership in the hosted services business.

Daniel Castro, author of the report, acknowledges that the conclusions are based, so far, on thin data, but nonetheless argues that the risks to U.S. cloud vendors are real.

Indeed, a month prior, the Cloud Security Alliance reported that in a survey of 207 officials of non-U.S. companies, 10% of the respondents said that they had canceled contracts with U.S. service providers after Snowden’s leak of NSA Prism documents earlier this year.

“If U.S. companies lose market share in the short term, it will have long-term implications on their competitive advantage in this new industry,” said Castro in the ITIF report. “Rival countries have noted this opportunity and will try to exploit it.”

To counter such efforts, the U.S. must challenge overstated claims about the program by foreign companies and governments, said Jason Weinstein, a partner in the Washington office of law firm Steptoe & Johnson and a former federal prosecutor and deputy assistant attorney general specializing in computer crime.

“There are a lot of reasons to be concerned about just how significant those consequences will be,” Weinstein said. “The effort by European governments and European cloud providers to cloud the truth about data protection in the U.S. was going on well before anyone knew who Edward Snowden was. It just picked up new momentum once the Prism disclosures came out.”

Weinstein contends that European countries have fewer data protection rules than the U.S.

For example, he said that in the U.K. and France, a wiretap to get content can be issued by a government official without court authority, but that can’t happen in the U.S.

“U.S. providers have done nothing other than comply with their legal obligations,” he said. But because of Snowden’s leaks, “they are facing potentially significant economic consequences.”

Gartner analyst Ed Anderson said his firm has yet to see any revenue impact on cloud providers since the Prism disclosures, but added, “I don’t think Prism does U.S. providers any favors, that’s for sure.”

Nonetheless, Anderson added, “I think the reality is [the controversy] is likely to die down over time, and we expect adoption to probably continue on the path that it has been on.”

One reason why U.S. providers may not suffer is because “the alternatives aren’t great if you are a European company looking for a cloud service,” he said.

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The DoD May Share Airwaves

The U.S. Defense Department is proposing to share some of its radio airwaves with private industry, a nod to growing pressure from the wireless industry and the Obama administration that federal agencies ease their control of valuable spectrum.

In a letter released by the Federal Communications Commission on Tuesday, the Department of Defense offers to share the airwaves it now dominates in the slice of frequencies from 1755 megahertz (MHz) to 1780 MHz with spectrum-hungry wireless and Internet companies.

The military would rearrange its systems within that slice of spectrum as well as the 2025-2110 MHz band and compress programs into the 1780-1850 MHz band that it would retain.

The Defense Department uses the airwaves for programs such as pilot training and drone systems and has faced criticism from some in the industry and in Congress for resisting efforts to open those airwaves for commercial use to satisfy growing demands posed by data-hungry gadgets and services.

The Pentagon had pointed to its own need for airwaves as its use of drones and other reliance on wireless technology grows. It also had estimated the process of moving its programs to new frequencies would cost more than $12 billion.

Under the new plan, the Defense Department drops the cost estimate to $3.5 billion by compromising on sharing slices of airwaves without completely clearing any of the spectrum bands.

In the letter, originally sent on July 17 to the National Telecommunications and Information Administration, which oversees federal airwaves, DOD Chief Information Officer Teresa Takai called the proposal “a workable balance to provide access to the 1755-1780 MHz band most desired by the commercial wireless industry while ensuring no loss of critical DoD capabilities.”

The NTIA, in its own letter to the FCC, said it had not had enough time to review the proposal and could not yet endorse it.

The FCC, with NTIA’s help, is preparing for several auctions of airwaves to take place in coming years, including one that would sell off chunks of federally controlled spectrum. They will be the first reshuffling of airwave ownership since 2008.

Congress has required the FCC to auction off the 2155-2180 MHz band by February 2015 and the industry has sought to pair up that slice of spectrum with the valuable 1755-1780 MHz band, arguing it would collect more money. Lawmakers in the House of Representatives have introduced a bill to ensure such pairing.

The FCC has been drafting a notice of proposed rulemaking that would seek public comments on how the FCC should auction those federally owned or already cleared airwaves to the wireless companies and an FCC official said the agency’s notice will address the Pentagon’s new proposal.

President Barack Obama last month directed federal agencies to look for ways eventually to give up or share more of their airwaves with the private sector. This followed his June 2010 call to open up 500 MHz of federal spectrum for commercial use.

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