- “Cloud First”: To move federal agencies to the cloud, the government created a program known as FedRAMP, whose job was to ensure the security of new technology.
- Security Breakdown: ProPublica found that FedRAMP authorized a Microsoft product called GCC High to handle sensitive government data, despite years of concerns about its security.
- Potential Conflict of Interest: The government relies, in part, on third-party firms to vet cloud technology, but those firms are hired and paid by the company being assessed.
Yes we get your point, you dont get the point that it leaves them liable to regulators defining it and finding themselves out of compliance with the yet to be defined rules
There’s no legal definition of “yet to be defined” rules. That’s not how the US legal system works. You cant define rules after the fact and call someone guilt/in violation of rules that don’t exist.
Maybe you can’t but the DoJ does it all the time.
And chevron deference is dead.
So its up to judges to determine what the rules are.
Say what you will about the clown courts the US has. But then don’t claim that HIPAA matters at all then. Because its only worth the paper it’s on sure. But then the entire conversation is moot.