Re: Cloud vendor contracts starting to say they own the data you put in their cloud

[Nathaniel Hall <educause-lists () NATHANIELHALL COM>]

I've heard it said before that the reason for these "we own data"
clauses" is so they can duplicate data between multiple locations
without your permission, encrypt such data with their own keys, etc.

-
Nathaniel Hall, GSEC GPPA GCIA GCIH GCFA PCNSE
On 9/21/2018 12:42 PM, Nick Lewis wrote:
> We’ve seen them as well and include contract language in the NET+
> contracts around campuses owning the data. How metadata is handled is
> less clear and I would count anonymized/de-identified data in the same
> group where the provider might get a license to use it for the operation
> of the service, improving the service, etc. If the data can be
> re-identified (why is a separate question) makes it customer data again.
> The feedback aspect is less clear as universities lawyers have expressed
> concerns about if they own the intellectual property of the comment,
> campuses express the desire to own the feedback to improve
> interoperability, etc. Usually the cloud provider is granted a limited
> license to use the feedback.
>
>  
>
> Thanks,
>
>  
>
> Nick
>
>  
>
>  
>
> Nick Lewis, MS, MA, CISSP
>
> Program Manager, Internet2 Cloud Services - Security and Identity
>
> Internet2
>
> nlewis () internet2 edu
>
>  
>
>  
>
>  
>
> *From: *The EDUCAUSE Security Community Group Listserv
> <SECURITY () LISTSERV EDUCAUSE EDU> on behalf of Sue McGlashan
> <sue.mcglashan () UTORONTO CA>
> *Reply-To: *The EDUCAUSE Security Community Group Listserv
> <SECURITY () LISTSERV EDUCAUSE EDU>
> *Date: *Friday, September 21, 2018 at 12:46 PM
> *To: *"SECURITY () LISTSERV EDUCAUSE EDU" <SECURITY () LISTSERV EDUCAUSE EDU>
> *Subject: *Re: [SECURITY] Cloud vendor contracts starting to say they
> own the data you put in their cloud
>
>  
>
> +1 to Alex.
>
>  
>
>  
>
> -- 
>
> *Sue McGlashan *
> Phone 416-946-3260  
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> */Users/mcglash1/Library/Containers/com.microsoft.Outlook/Data/Library/Caches/Signatures/signature_626555961**
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> *From: *The EDUCAUSE Security Community Group Listserv
> <SECURITY () LISTSERV EDUCAUSE EDU> on behalf of Alex Lindstrom
> <aglind () UDEL EDU>
> *Reply-To: *The EDUCAUSE Security Community Group Listserv
> <SECURITY () LISTSERV EDUCAUSE EDU>
> *Date: *Friday, September 21, 2018 at 12:43 PM
> *To: *"SECURITY () LISTSERV EDUCAUSE EDU" <SECURITY () LISTSERV EDUCAUSE EDU>
> *Subject: *Re: [SECURITY] Cloud vendor contracts starting to say they
> own the data you put in their cloud
>
>  
>
> In the same vein as Jason, I've seen vendors propose a few things:
>
>  1. You own your data, but we can use anonymized copies.
>  2. We own your feedback, suggestions, and data about your use of the
>     service.
>
> I haven't yet seen a vendor propose to own all customer-provided data.
> Typically, the two above points are blended such that the customer owns
> their actual data, but the vendor can aggregate it for service
> management purposes.
>
>  
>
> To Grace's comment: yes, and we often do if it's not already there.
> (Usually, the vendor's standard agreement acknowledges that the customer
> retains all rights to, title to, and interest in their data.) We also
> include clauses that limit the vendor's use of the data to only the
> purposes necessary to provide the services.
>
>
> -----
>
> Alex Lindstrom
>
> IT Security Analyst II
>
> UD IT Security
>
>
> (302) 831-4823
> https://www.udel.edu/security/ <https://www1.udel.edu/security/>
>
> https://sites.udel.edu/threat/
>
>  
>
>  
>
> On Fri, Sep 21, 2018 at 12:28 PM Jason Edelstein <jasone () uchicago edu
> <mailto:jasone () uchicago edu>> wrote:
>
>     We see two variants:
>
>     1. We don't own your actual data, but we reserve the right to make
>     anonymized copies of your data and use them for anything we want,
>     including marketing, etc.
>
>     2. We own your stuff, thanks for uploading.
>
>     We've usually struck clauses of the second type or simply refused to
>     sign that contract, where possible. I actually haven't seen one of
>     the second type in a while.
>
>     For clauses of the first kind, we've had some success modifying
>     contracts to restrict this to only allowing anonymized data for
>     support or delivery of the contracted goods and services, but many
>     copies complain that they don't have a way to opt us out of their
>     Big Data.
>
>     In that case, I've been pondering simply saying that any release of
>     data, anonymized or not, that ends up being identifiable information
>     is considered a breach. Some have bought that, others have not.
>
>     Jason Edelstein
>
>     IT Risk and Compliance Program Manager
>
>     University of Chicago, IT Services
>
>     desk: 773 834 3457
>
>     security.uchicago.edu <http://security.uchicago.edu> / 773 702 CERT
>
>     On 9/21/2018 11:10 AM, Grace Lynn Faustino wrote:
>
>         Can Universities add the ownership of data clause to the
>         contract terms?
>
>          
>
>         ~ Grace L. Faustino
>
>          
>
>         Public Key
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>         C847 CBD8
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>          
>
>         /“Learning is not attained by chance, it must be sought for with
>         ardor and diligence” ~Abigail Adams/
>
>          
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>          
>
>         *From: *The EDUCAUSE Security Community Group Listserv
>         <SECURITY () LISTSERV EDUCAUSE EDU>
>         <mailto:SECURITY () LISTSERV EDUCAUSE EDU> on behalf of Sue Rivera
>         <srivera () CSUB EDU> <mailto:srivera () CSUB EDU>
>         *Reply-To: *The EDUCAUSE Security Community Group Listserv
>         <SECURITY () LISTSERV EDUCAUSE EDU>
>         <mailto:SECURITY () LISTSERV EDUCAUSE EDU>
>         *Date: *Friday, September 21, 2018 at 10:07 AM
>         *To: *"SECURITY () LISTSERV EDUCAUSE EDU"
>         <mailto:SECURITY () LISTSERV EDUCAUSE EDU>
>         <SECURITY () LISTSERV EDUCAUSE EDU>
>         <mailto:SECURITY () LISTSERV EDUCAUSE EDU>
>         *Subject: *Re: [SECURITY] Cloud vendor contracts starting to say
>         they own the data you put in their cloud
>
>          
>
>         I ran into that recently as well.
>
>          
>
>         Have a breach free day!
>
>          
>
>         Thank you,
>
>         Sue Rivera
>
>         Information Security Analyst, Lead
>
>         Information Technology Services
>
>         California State University, Bakersfield
>
>          
>
>         *From:* The EDUCAUSE Security Community Group Listserv
>         [mailto:SECURITY () LISTSERV EDUCAUSE EDU] *On Behalf Of *randy
>         *Sent:* Friday, September 21, 2018 9:03 AM
>         *To:* SECURITY () LISTSERV EDUCAUSE EDU
>         <mailto:SECURITY () LISTSERV EDUCAUSE EDU>
>         *Subject:* [SECURITY] Cloud vendor contracts starting to say
>         they own the data you put in their cloud
>
>          
>
>         The subject line  says it all.
>
>          
>
>         We're starting to see clauses in vendor cloud contracts where
>         they are stating that they will own any data that we store in
>         their cloud. Basically this sounds like cloud vendors are
>         starting to adopt the social media sites' approach of "gimme,
>         gimme, gimme, it's mine".  Needless to say, this is disturbing
>         in so many ways.
>
>          
>
>         Has anyone else run into this?
>
>          
>
>         -Randy Marchany
>
>         VA Tech IT Security Office and Lab.
>
>