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Meet the Analysts on EU Decision to kill the Trans-Atlantic Data Transfer Pact


 

(upbeat electronic music) >> Narrator: From theCUBE studios in Palo Alto and Boston, connecting with thought leaders all around the world, this is a CUBE conversation. >> Okay, hello everyone. I'm John Furrier with theCUBE. We're here with Meet the Analysts segment Sunday morning. We've got everyone around the world here to discuss a bit of the news around the EU killing the privacy deal, striking it down, among other topics around, you know, data privacy and global commerce. We got great guests here, Ray Wang, CEO of Constellation Research. Bill Mew, founder and CEO of Cyber Crisis Management from the Firm Crisis Team. And JD, CEO of Spearhead Management. JD, I can let you say your name because I really can't pronounce it. How do I (laughs) pronounce it, doctor? >> I wouldn't even try it unless you are Dutch, otherwise it will seriously hurt your throat. (Ray laughing) So, JD works perfect for me. >> Doctor Drooghaag. >> And Sarbjeet Johal, who's obviously an influencer, a cloud awesome native expert. Great, guys. Great to have you on, appreciate it, thanks for comin' on. And Bill, thank you for initiating this, I appreciate all your tweets. >> Happy Sunday. (Bill laughing) >> You guys have been really tweeting up a storm, I want to get everyone together, kind of as an analyst, Meet the Analyst segment. Let's go through with it. The news is the EU and U.S. Privacy Shield for data struck down by the court, that's the BBC headline. Variety of news, different perspectives, you've got an American perspective and you've got an international perspective. Bill, we'll start with you. What does this news mean? I mean, basically half the people in the world probably don't know what the Privacy Shield means, so why is this ruling so important, and why should it be discussed? >> Well, thanks to sharing between Europe and America, it's based on a two-way promise that when data goes from Europe to America, the Americans promise to respect our privacy, and when data goes form America to Europe, the Europeans promise to respect the American privacy. Unfortunately, there are big cultural differences between the two blocks. The Europeans have a massive orientation around privacy as a human right. And in the U.S., there's somewhat more of a prioritization on national security, and therefore for some time there's been a mismatch here, and it could be argued that the Americans haven't been living up to their promise because they've had various different laws, and look how much talk about FISA and the Cloud Act that actually contravene European privacy and are incompatible with the promise Americans have given. That promise, first of all, was in the form of a treaty called Safe Harbor. This went to court and was struck down. It was replaced by Privacy Shield, which was pretty much the same thing really, and that has recently been to the court as well, and that has been struck down. There now is no other means of legally sharing data between Europe and America other than what are being called standard contractual clauses. This isn't a broad treaty between two nations, these are drawn by each individual country. But also in the ruling, they said that standard contractual clauses could not be used by any companies that were subject to mass surveillance. And actually in the U.S., the FISA courts enforce a level of mass surveillance through all of the major IT firms, of all major U.S. telcos, cloud firms, or indeed, social media firms. So, this means that for all of the companies out there and their clients, business should be carrying on as usual apart from if you're one of those major U.S. IT firms, or one of their clients. >> So, why did this come about? Was there like a major incident? Why now, was it in the court, stuck in the courts? Were people bitchin' and moanin' about it? Why did this go down, what's the real issue? >> For those of us who have been following this attentively, things have been getting more and more precarious for a number of years now. We've had a situation where there are different measures being taken in the U.S., that have continued to erode the different protections that there were for Europeans. FISA is an example that I've given, and that is the sort of secret courts and secret warrants that are issued to seize data without anyone's knowledge. There's the Cloud Act, which is a sort of extrajudicial law that means that warrants can be served in America to U.S. organizations, and they have to hand over data wherever that data resides, anywhere in the world. So, data could exist on a European server, if it was under the control of an American company, they'd have to hand that over. So, whilst FISA is in direct conflict with the promises that the Americans made, things like the Cloud Act are not only in controversion with the promise they've made, there's conflicting law here, because if you're a U.S. subsidiary of a big U.S. firm, and you're based in Europe, who do you obey, the European law that says you can't hand it over because of GDPR, or the American laws that says they've got extrajudicial control, and that you've got to hand it over. So, it's made things a complete mess. And to say has this stuff, hasn't really happened? No, there's been a gradual erosion, and this has been going through the courts for a number of years. And many of us have seen it coming, and now it just hit us. >> So, if I get you right in what you're saying, it's basically all this mishmash of different laws, and there's no coherency, and consistency, is that the core issue? >> On the European side you could argue there's quite a lot of consistency, because we uphold people's privacy, in theory. But there have been incidents which we could talk about with that, but in theory, we hold your rights dear, and also the rights of Europeans, so everyone's data should be safe here from the sort of mass surveillance we're seeing. In the U.S., there's more of a direct conflict between everything, including there's been a, in his first week in the White House, Donald Trump signed an executive order saying that the Privacy Act in the U.S., which had been the main protection for people in the U.S., no longer applied to non-U.S. citizens. Which was, if you wanted try and cause a storm, and if you wanted to try and undermine the treaty, there's no better way of doing it than that. >> A lot of ways, Ray, I mean simplify this for me, because I'm a startup, I'm hustlin', or I'm a big company, I don't even know who runs the servers anymore, and I've got data stored in multiple clouds, I got in regions, and Oracle just announced more regions, you got Amazon, a gazillion regions, I could be on-premise. I mean bottom line, what is this about? I mean, and -- >> Bill's right, I mean when Max Schrems, the Austrian. Bill's right, when Max Schrems the Austrian activist actually filed his case against Facebook for where data was being stored, data residency wasn't as popular. And you know, what it means for companies that are in the cloud is that you have to make sure your data's being stored in the region, and following those specific region rules, you can't skirt those rules anymore. And I think the cloud companies know that this has been coming for some time, and that's why there's been announced in a lot of regions, a lot of areas that are actually happening, so I think that's the important part. But going back to Bill's earlier point, which is important, is America is basically the Canary Islands of privacy, right? Privacy is there, but it isn't there in a very, very explicit sense, and I think we've been skirting the rules for quite some time, because a lot of our economy depends on that data, and the marketing of the data. And so we often confuse privacy with consent, and also with value exchange, and I think that's part of the problem of what's going on here. Companies that have been building their business models on free data, free private data, free personally identifiable data information are the ones that are at risk! And I think that's what's going on here. >> It's the classic Facebook issue, you're the product, and the data is your product. Well, I want to get into what this means, 'cause my personal take away, not knowing the specifics, and just following say, cyber security for instance, one of the tenets there is that data sharing is an invaluable, important ethos in the community. Now, everyone has their own privacy, or security data, they don't want to let everyone know about their exploits but, but it's well known in the security world that sharing data with each other, different companies and countries is actually a good thing. So, the question that comes in my mind, is this really about data sharing or data privacy, or both? >> I think it's about both. And actually what the ruling is saying here is, all we're asking from the European side is please stop spying on us and please give us a level of equal protection that you give to your own citizens. Because data comes from America to Europe, whatever that data belongs to, a U.S. citizen or a European citizen, it's given equal protection. It is only if data goes in the other direction, where you have secret courts, secret warrants, seizure of data on this massive scale, and also a level of lack of equivalence that has been imposed. And we're just asking that once you've sorted out a few of those things, we'd say everything's back on the table, away we go again! >> Why don't we merge the EU with the United States? Wouldn't that solve the problem? (Bill laughing) >> We just left Europe! (laughs heartily) >> Actually I always -- >> A hostile takeover of the UK maybe, the 52nd state. (Bill laughing loudly) >> I always pick on Bill, like Bill, you got all screaming loud and clear about all these concerns, but UKs trying to get out of that economic union. It is a union at the end of the day, and I think the problem is the institutional mismatch between the EU and U.S., U.S. is old democracy, bigger country, population wise, bigger economy. Whereas Europe is several countries trying to put together, band together as one entity, and the institutions are new, like you know, they're 15 years old, right? They're maturing. I think that's where the big mismatch is and -- >> Well, Ray, I want to get your thoughts on this, Ray wrote a book, I forget what year it was, this digital disruption, basically it was digital transformation before it was actually a trend. I mean to me it's like, do you do the process first and then figure out where the value extraction is, and this may be a Silicon Valley or an American thing, but go create value, then figure out how to create process or understand regulations. So, if data and entrepreneurship is going to be a new modern era of value, why wouldn't we want to create a rule based system that's open and enabling, and not restrictive? >> So, that's a great point, right? And the innovation culture means you go do it first, and you figure out the rules later, and that's been a very American way of getting things done, and very Silicon Valley in our perspective, not everyone, but I think in general that's kind of the trend. I think the challenge here is that we are trading privacy for security, privacy for convenience, privacy for personalization, right? And on the security level, it's a very different conversation than what it is on the consumer end, you know, personalization side. On the security side I think most Americans are okay with a little bit of "spying," at least on your own side, you know, to keep the country safe. We're not okay with a China level type of spying, which we're not sure exactly what that means or what's enforceable in the courts. We look like China to the Europeans in the way we treat privacy, and I think that's the perspective we need to understand because Europeans are very explicit about how privacy is being protected. And so this really comes back to a point where we actually have to get to a consent model on privacy, as to knowing what data is being shared, you have the right to say no, and when you have the right to say no. And then if you have a value exchange on that data, then it's really like sometimes it's monetary, sometimes it's non-monetary, sometimes there's other areas around consensus where you can actually put that into place. And I think that's what's missing at this point, saying, you know, "Do we pay for your data? Do we explicitly get your consent first before we use it?" And we haven't had that in place, and I think that's where we're headed towards. And you know sometimes we actually say privacy should be a human right, it is in the UN Charter, but we haven't figured out how to enforce it or talk about it in the digital age. And so I think that's the challenge. >> Okay, people, until they lose it, they don't really understand what it means. I mean, look at Americans. I have to say that we're idiots on this front, (Bill chuckling) but you know, the thing is most people don't even understand how much value's getting sucked out of their digital exhaust. Like, our kids, TikTok and whatnot. So I mean, I get that, I think there's some, there's going to be blow back for America for sure. I just worry it's going to increase the cost of doing business, and take away from the innovation for citizen value, the people, because at the end of the day, it's for the people right? I mean, at the end of the day it's like, what's my privacy mean if I lose value? >> Even before we start talking about the value of the data and the innovation that we can do through data use, you have to understand the European perspective here. For the European there's a level of double standards and an erosion of trust. There's double standards in the fact that in California you have new privacy regulations that are slightly different to GDPR, but they're very much GDPR like. And if the boot was on the other foot, to say if we were spying on Californians and looking at their personal data, and contravening CCPA, the Californians would be up in arms! Likewise if we having promised to have a level of equality, had enacted a local rule in Europe that said that when data from America's over here, actually the privacy of Americans counts for nothing, we're only going to prioritize the privacy of Europeans. Again, the Americans would be up in arms! And therefore you can see that there are real double standards here that are a massive issue, and until those addressed, we're not going to trust the Americans. And likewise, the very fact that on a number of occasions Americans have signed up to treaties and promised to protect our data as they did with Safe Harbor, as they did with Privacy Shield, and then have blatantly, blatantly failed to do so means that actually to get back to even a level playing field, where we were, you have a great deal of trust to overcome! And the thing from the perspective of the big IT firms, they've seen this coming for a long time, as Ray was saying, and they sought to try and have a presence in Europe and other things. But the way this ruling has gone is that, I'm sorry, that isn't going to be sufficient! These big IT firms based in the U.S. that have been happy to hand over data, well some of them maybe more happy than others, but they all need to hand over data to the NSA or the CIA. They've been doing this for some time now without actually respecting this data privacy agreement that has existed between the two trading blocks. And now they've been called out, and the position now is that the U.S. is no longer trusted, and neither are any of these large American technology firms. And until the snooping stops and equality is introduced, they can now no longer, even from their European operations, they can no longer use standard contractual clauses to transfer data, which is going to be a massive restriction on their business. And if they had any sense, they'd be lobbying very, very hard right now to the Senate, to the House, to try and persuade U.S. lawmakers actually to stick to some these treaties! To stop introducing really mad laws that ride roughshod over other people's privacy, and have a certain amount of respect. >> Let's let JD weigh in, 'cause he just got in, sorry on the video, I made him back on a host 'cause he dropped off. Just, Bill, real quick, I mean I think it's like when, you know, I go to Europe there's the line for Americans, there's the line for EU. Or EU and everybody else. I mean we might be there, but ultimately this has to be solved. So, JD, I want to let you weigh in, Germany has been at the beginning forefront of privacy, and they've been hardcore, and how's this all playing out in your perspective? >> Well, the first thing that we have to understand is that in Germany, there is a very strong law for regulation. Germans panic as soon as they know regulation, so they need to understand what am I allowed to do, and what am I not allowed to do. And they expect the same from the others. For the record I'm not German, but I live in Germany for some 20 years, so I got a bit of a feeling for them. And that sense of need for regulation has spread very fast throughout the European Union, because most of the European member states of the European Union consider this, that it makes sense, and then we found that Britain had already a very good framework for privacy, so GDPR itself is very largely based on what the United Kingdom already had in place with their privacy act. Moving forward, we try to find agreement and consensus with other countries, especially the United States because that's where most of the tech providers are, only to find out, and that is where it started to go really, really bad, 2014, when the mass production by Edward Snowden came out, to find out it's not data from citizens, it's surveillance programs which include companies. I joined a purchasing conference a few weeks ago where the purchase of a large European multinational, where the purchasing director explicitly stated that usage of U.S. based tech providers for sensitive data is prohibited as a result of them finding out that they have been under surveillance. So, it's not just the citizens, there's mass -- >> There you have it, guys! We did trust you! We did have agreements there that you could have abided by, but you chose not to, you chose to abuse our trust! And you're now in a position where you are no longer trusted, and unless you can lobby your own elected representatives to actually recreate a level playing field, we're not going to continue trusting you. >> So, I think really I -- >> Well I mean that, you know, innovation has to come from somewhere, and you know, has to come from America if that's the case, you guys have to get on board, right? Is that what it -- >> Innovation without trust? >> Is that the perspective? >> I don't think it's a country thing, I mean like, it's not you or them, I think everybody -- >> I'm just bustin' Bill's chops there. >> No, but I think everybody, everybody is looking for what the privacy rules are, and that's important. And you can have that innovation with consent, and I think that's really where we're going to get to. And this is why I keep pushing that issue. I mean, privacy should be a fundamental right, and how you get paid for that privacy is interesting, or how you get compensated for that privacy if you know what the explicit value exchange is. What you're talking about here is the surveillance that's going on by companies, which shouldn't be happening, right? That shouldn't be happening at the company level. At the government level I can understand that that is happening, and I think those are treaties that the governments have to agree upon as to how much they're going to impinge on our personal privacy for the trade off for security, and I don't think they've had those discussions either. Or they decided and didn't tell any of their citizens, and I think that's probably more likely the case. >> I mean, I think what's happening here, Bill, you guys were pointing out, and Ray, you articulated there on the other side, and my kind of colorful joke aside, is that we're living a first generation modern sociology problem. I mean, this is a policy challenge that extends across multiple industries, cyber security, citizen's rights, geopolitical. I mean when would look, and even when we were doing CUBE events overseas in Europe, in North American companies we'd call it abroad, we'd just recycle the American program, and we found there's so much localization value. So, Ray, this is the digital disruption, it's the virtualization of physical for digital worlds, and it's a lot of network theory, which is computer science, a lot of sociology. This is a modern challenge, and I don't think it so much has a silver bullet, it's just that we need smart people working on this. That's my take away! >> I think we can describe the ideal endpoint being somewhere we have meaningful protection alongside the maximization of economic and social value through innovation. So, that should be what we would all agree would be the ideal endpoint. But we need both, we need meaningful protection, and we need the maximization of economic and social value through innovation! >> Can I add another axis? Another axis, security as well. >> Well, I could -- >> I put meaningful protection as becoming both security and privacy. >> Well, I'll speak for the American perspective here, and I won't speak, 'cause I'm not the President of the United States, but I will say as someone who's been from Silicon Valley and the east coast as a technical person, not a political person, our lawmakers are idiots when it comes to tech, just generally. (Ray laughing) They're not really -- (Bill laughing loudly) >> They really don't understand. They really don't understand the tech at all! >> So, the problem is -- >> I'm not claiming ours are a great deal better. (laughs) >> Well, this is why I think this is a modern problem. Like, the young people I talk to are like, "Why do we have this rules?" They're all lawyers that got into these positions of Congress on the American side, and so with the American JEDI Contract you guys have been following very closely is, it's been like the old school Oracle, IBM, and then Amazon is leading with an innovative solution, and Microsoft has come in and re-pivoted. And so what you have is a fight for the digital future of citizenship! And I think what's happening is that we're in a massive societal transition, where the people in charge don't know what the hell they're talkin' about, technically. And they don't know who to tap to solve the problems, or even shape or frame the problems. Now, there's pockets of people that are workin' on it, but to me as someone who looks at this saying, it's a pretty simple solution, no one's ever seen this before. So, there's a metaphor you can draw, but it's a completely different problem space because it's, this is all digital, data's involved. >> We've got a lobbyists out there, and we've got some tech firms spending an enormous amount of lobbying. If those lobbyists aren't trying to steer their representatives in the right direction to come up with law that aren't going to massively undermine trade and data sharing between Europe and America, then they're making a big mistake, because we got here through some really dumb lawmaking in the U.S., I mean, there are none of the laws in Europe that are a problem here. 'Cause GDPR isn't a great difference, a great deal different from some of the laws that we have already in California and elsewhere. >> Bill, Bill. >> The laws that are at issue here -- >> Bill, Bill! You have to like, back up a little bit from that rhetoric that EU is perfect and U.S. is not, that's not true actually. >> I'm not saying we're perfect! >> No, no, you say that all the time. >> But I'm saying there's a massive lack of innovation. Yeah, yeah. >> I don't, I've never said it! >> Arm wrestle! >> Yes, yes. >> When I'm being critical of some of the dumb laws in the U.S, (Sarbjeet laughing) I'm not saying Europe is perfect. What we're trying to say is that in this particular instance, I said there was an equal balance here between meaningful protection and the maximization of economic and social value. On the meaningful protection side, America's got it very wrong in terms of the meaningful protection it provides to civil European data. On the maximization of economic and social value, I think Europe's got it wrong. I think there are a lot of things we could do in Europe to actually have far more innovation. >> Yeah. >> It's a cultural issue. The Germans want rules, that's what they crave for. America's the other way, we don't want rules, I mean, pretty much is a rebel society. And that's kind of the ethos of most tech companies. But I think you know, to me the media, there's two things that go on with this tech business. The company's themselves have to be checked by say, government, and I believe in not a lot of regulation, but enough to check the power of bad actors. Media so called "checking power", both of these major roles, they don't really know what they're talking about, and this is back to the education piece. The people who are in the media so called "checking power" and the government checking power assume that the companies are bad. Right, so yeah, because eight out of ten companies like Amazon, actually try to do good things. If you don't know what good is, you don't really, (laughs) you know, you're in the wrong game. So, I think media and government have a huge education opportunity to look at this because they don't even know what they're measuring. >> I support the level of innovation -- >> I think we're unreeling from the globalization. Like, we are undoing the globalization, and that these are the side effects, these conflicts are a side effect of that. >> Yeah, so all I'm saying is I support the focus on innovation in America, and that has driven an enormous amount of wealth and value. What I'm questioning here is do you really need to spy on us, your allies, in order to help that innovation? And I'm starting to, I mean, do you need mass surveillance of your allies? I mean, I can see you may want to have some surveillance of people who are a threat to you, but wait, guys, we're meant to be on your side, and you haven't been treating our privacy with a great deal of respect! >> You know, Saudi Arabia was our ally. You know, 9/11 happened because of them, their people, right? There is no ally here, and there is no enemy, in a way. We don't know where the rogue actors are sitting, like they don't know, they can be within the walls -- >> It's well understood I think, I agree, sorry. it's well understood that nation states are enabling terrorist groups to take out cyber attacks. That's well known, the source enables it. So, I think there's the privacy versus -- >> I'm not sure it's true in your case that it's Europeans that's doing this though. >> No, no, well you know, they share -- >> I'm a former officer in the Royal Navy, I've stood shoulder to shoulder with my U.S. counterparts. I put my life on the line on NATO exercises in real war zones, and I'm now a disabled ex-serviceman as a result of that. I mean, if I put my line on the line shoulder to shoulder with Americans, why is my privacy not respected? >> Hold on -- >> I feel it's, I was going to say actually that it's not that, like even the U.S., right? Part of the spying internally is we have internal actors that are behaving poorly. >> Yeah. >> Right, we have Marxist organizations posing as, you know, whatever it is, I'll leave it at that. But my point being is we've got a lot of that, every country has that, every country has actors and citizens and people in the system that are destined to try to overthrow the system. And I think that's what that surveillance is about. The question is, we don't have treaties, or we didn't have your explicit agreements. And that's why I'm pushing really hard here, like, they're separating privacy versus security, which is the national security, and privacy versus us as citizens in terms of our data being basically taken over for free, being used for free. >> John: I agree with that. >> That I think we have some agreement on. I just think that our governments haven't really had that conversation about what surveillance means. Maybe someone agreed and said, "Okay, that's fine. You guys can go do that, we won't tell anybody." And that's what it feels like. And I don't think we deliberately are saying, "Hey, we wanted to spy on your citizens." I think someone said, "Hey, there's a benefit here too." Otherwise I don't think the EU would have let this happen for that long unless Max had made that case and started this ball rolling, so, and Edward Snowden and other folks. >> Yeah, and I totally support the need for security. >> I want to enter the -- >> I mean we need to, where there are domestic terrorists, we need to stop them, and we need to have local action in UK to stop it happening here, and in America to stop it happening there. But if we're doing that, there is absolutely no need for the Americans to be spying on us. And there's absolutely no need for the Americans to say that privacy applies to U.S. citizens only, and not to Europeans, these are daft, it's just daft! >> That's a fair point. I'm sure GCHQ and everyone else has this covered, I mean I'm sure they do. (laughs) >> Oh, Bill, I know, I've been involved, I've been involved, and I know for a fact the U.S. and the UK are discussing I know a company called IronNet, which is run by General Keith Alexander, funded by C5 Capital. There's a lot of collaboration, because again, they're tryin' to get their arms around how to frame it. And they all agree that sharing data for the security side is super important, right? And I think IronNet has this thing called Iron Dome, which is essentially like they're saying, hey, we'll just consistency around the rules of shared data, and we can both, everyone can have their own little data. So, I think there's recognition at the highest levels of some smart people on both countries. (laughs) "Hey, let's work together!" The issue I have is just policy, and I think there's a lot of clustering going on. Clustered here around just getting out of their own way. That's my take on that. >> Are we a PG show? Wait, are we a PG show? I just got to remember that. (laughs) (Bill laughing) >> It's the internet, there's no regulation, there's no rules! >> There's no regulation! >> The European rules or is it the American rules? (Ray laughing) >> I would like to jump back quickly to the purpose of the surveillance, and especially when mass surveillance is done under the cover of national security and terror prevention. I worked with five clients in the past decade who all have been targeted under mass surveillance, which was revealed by Edward Snowden, and when they did their own investigation, and partially was confirmed by Edward Snowden in person, they found out that their purchasing department, their engineering department, big parts of their pricing data was targeted in mass surveillance. There's no way that anyone can explain me that that has anything to do with preventing terror attacks, or finding the bad guys. That is economical espionage, you cannot call it in any other way. And that was authorized by the same legislation that authorizes the surveillance for the right purposes. I'm all for fighting terror, and anything that can help us prevent terror from happening, I would be the first person to welcome it. But I do not welcome when that regulation is abused for a lot of other things under the cover of national interest. I understand -- >> Back to the lawmakers again. And again, America's been victim to the Chinese some of the individual properties, well documented, well known in tech circles. >> Yeah, but just 'cause the Chinese have targeted you doesn't give you free right to target us. >> I'm not saying that, but its abuse of power -- >> If the U.S. can sort out a little bit of reform, in the Senate and the House, I think that would go a long way to solving the issues that Europeans have right now, and a long way to sort of reaching a far better place from which we can all innovate and cooperate. >> Here's the challenge that I see. If you want to be instrumenting everything, you need a closed society, because if you have a free country like America and the UK, a democracy, you're open. If you're open, you can't stop everything, right? So, there has to be a trust, to your point, Bill. As to me that I'm just, I just can't get my arms around that idea of complete lockdown and data surveillance because I don't think it's gettable in the United States, like it's a free world, it's like, open. It should be open. But here we've got the grids, and we've got the critical infrastructure that should be protected. So, that's one hand. I just can't get around that, 'cause once you start getting to locking down stuff and measuring everything, that's just a series of walled gardens. >> So, to JD's point on the procurement data and pricing data, I have been involved in some of those kind of operations, and I think it's financial espionage that they're looking at, financial security, trying to figure out a way to track down capital flows and what was purchased. I hope that was it in your client's case, but I think it's trying to figure out where the money flow is going, more so than trying to understand the pricing data from competitive purposes. If it is the latter, where they're stealing the competitive information on pricing, and data's getting back to a competitor, that is definitely a no-no! But if it's really to figure out where the money trail went, which is what I think most of those financial analysts are doing, especially in the CIA, or in the FBI, that's really what that probably would have been. >> Yeah, I don't think that the CIA is selling the data to your competitors, as a company, to Microsoft or to Google, they're not selling it to each other, right? They're not giving it to each other, right? So, I think the one big problem I studied with FISA is that they get the data, but how long they can keep the data and how long they can mine the data. So, they should use that data as exhaust. Means like, they use it and just throw it away. But they don't, they keep mining that data at a later date, and FISA is only good for five years. Like, I learned that every five years we revisit that, and that's what happened this time, that we renewed it for six years this time, not five, for some reason one extra year. So, I think we revisit all these laws -- >> Could be an election cycle. >> Huh? >> Could be an election cycle maybe. (laughs) >> Yes, exactly! So, we revisit all these laws with Congress and Senate here periodically just to make sure that they are up to date, and that they're not infringing on human rights, or citizen's rights, or stuff like that. >> When you say you update to check they're not conflicting with anything, did you not support that it was conflicting with Privacy Shield and some of the promises you made to Europeans? At what point did that fail to become obvious? >> It does, because there's heightened urgency. Every big incident happens, 9/11 caused a lot of new sort of like regulations and laws coming into the picture. And then the last time, that the Russian interference in our election, that created some sort of heightened urgency. Like, "We need to do something guys here, like if some country can topple our elections, right, that's not acceptable." So, yeah -- >> And what was it that your allies did that caused you to spy on us and to downgrade our privacy? >> I'm not expert on the political systems here. I think our allies are, okay, loose on their, okay, I call it village politics. Like, world is like a village. Like it's so only few countries, it's not millions of countries, right? That's how I see it, a city versus a village, and that's how I see the countries, like village politics. Like there are two camps, like there's Russia and China camp, and then there's U.S. camp on the other side. Like, we used to have Russia and U.S., two forces, big guys, and they managed the whole world balance somehow, right? Like some people with one camp, the other with the other, right? That's how they used to work. Now that Russia has gone, hold on, let me finish, let me finish. >> Yeah. >> Russia's gone, there's this void, right? And China's trying to fill the void. Chinese are not like, acting diplomatic enough to fill that void, and there's, it's all like we're on this imbalance, I believe. And then Russia becomes a rogue actor kind of in a way, that's how I see it, and then they are funding all these bad people. You see that all along, like what happened in the Middle East and all that stuff. >> You said there are different camps. We thought we were in your camp! We didn't expect to be spied on by you, or to have our rights downgraded by you. >> No, I understand but -- >> We thought we were on your side! >> But, but you have to guys to trust us also, like in a village. Let me tell you, I come from a village, that's why I use the villager as a hashtag in my twitter also. Like in village, there are usually one or two families which keep the village intact, that's our roles. >> Right. >> Like, I don't know if you have lived in a village or not -- >> Well, Bill, you're making some great statements. Where's the evidence on the surveillance, where can people find more information on this? Can you share? >> I think there's plenty of evidence, and I can send some stuff on, and I'm a little bit shocked given the awareness of the FISA Act, the Cloud Act, the fact that these things are in existence and they're not exactly unknown. And many people have been complaining about them for years. I mean, we've had Safe Harbor overturned, we've had Privacy Shield overturned, and these weren't just on a whim! >> Yeah, what does JD have in his hand? I want to know. >> The Edward Snowden book! (laughs) >> By Edward Snowden, which gives you plenty. But it wasn't enough, and it's something that we have to keep in mind, because we can always claim that whatever Edward Snowden wrote, that he made it up. Every publication by Edward Snowden is an avalanche of technical confirmation. One of the things that he described about the Cisco switches, which Bill prefers to quote every time, which is a proven case, there were bundles of researchers saying, "I told you guys!" Nobody paid attention to those researchers, and Edward Snowden was smart enough to get the mass media representation in there. But there's one thing, a question I have for Sabjeet, because in the two parties strategy, it is interesting that you always take out the European Union as part. And the European Union is a big player, and it will continue to grow. It has a growing amount of trade agreements with a growing amount of countries, and I still hope, and I think think Bill -- >> Well, I think the number of countries is reducing, you've just lost one! >> Only one. (Bill laughing loudly) Actually though, those are four countries under one kingdom, but that's another point. (Bill chortling heartily) >> Guys, final topic, 5G impact, 'cause you mentioned Cisco, couldn't help think about -- >> Let me finish please my question, John. >> Okay, go ahead. How would you the United States respond if the European Union would now legalize to spy on everybody and every company, and every governmental institution within the United States and say, "No, no, it's our privilege, we need that." How would the United States respond? >> You can try that and see economically what happens to you, that's how the village politics work, you have to listen to the mightier than you, and we are economically mightier, that's the fact. Actually it's hard to swallow fact for, even for anybody else. >> If you guys built a great app, I would use it, and surveil all you want. >> Yeah, but so this is going to be driven by the economics. (John laughing) But the -- >> That's exactly what John said. >> This is going to be driven by the economics here. The big U.S. cloud firms are got to find this ruling enormously difficult for them, and they are inevitably going to lobby for a level of reform. And I think a level of a reform is needed. Nobody on your side is actually arguing very vociferously that the Cloud Act and the discrimination against Europeans is actually a particularly good idea. The problem is that once you've done the reform, are we going to believe you when you say, "Oh, it's all good now, we've stopped it!" Because with Crypto AG scandal in Switzerland you weren't exactly honest about what you were doing. With the FISA courts, so I mean FISA secret courts, the secret warrants, how do we know and what proof can we have that you've stopped doing all these bad things? And I think one of the challenges, A, going to be the reform, and then B, got to be able to show that you actually got your act together and you're now clean. And until you can solve those two, many of your big tech companies are going to be at a competitive disadvantage, and they're going to be screaming for this reform. >> Well, I think that, you know, General Mattis said in his book about Trump and the United states, is that you need alliances, and I think your point about trust and executing together, without alliances, it really doesn't work. So, unless there's some sort of real alliance, (laughs) like understanding that there's going to be some teamwork here, (Bill laughing) I don't think it's going to go anywhere. So, otherwise it'll continue to be siloed and network based, right? So to the village point, if TikTok can become a massively successful app, and they're surveilling, so and then we have to decide that we're going to put up with that, I mean, that's not my decision, but that's what's goin' on here. It's like, what is TikTok, is it good or bad? Amazon sent out an email, and they've retracted it, that's because it went public. I guarantee you that they're talkin' about that at Amazon, like, "Why would we want infiltration by the Chinese?" And I'm speculating, I have no data, I'm just saying, you know. They email those out, then they pull it back, "Oh, we didn't mean to send that." Really, hmm? (laughs) You know, so this kind of -- >> But the TRA Balin's good, you always want to get TRA Balin out there. >> Yeah, exactly. There's some spying going on! So, this is the reality. >> So, John, you were talking about 5G, and I think you know, the role of 5G, you know, the battle between Cisco and Huawei, you just have to look at it this way, would you rather have the U.S. spy on you, or would you rather have China? And that's really your binary choice at this moment. And you know both is happening, and so the question is which one is better. Like, the one that you're in alliance with? The one that you're not in alliance with, the one that wants to bury you, and decimate your country, and steal all your secrets and then commercialize 'em? Or the one kind of does it, but doesn't really do it explicitly? So, you've got to choose. (laughs) >> It's supposed to be -- >> Or you can say no, we're going to create our own standard for 5G and kick both out, that's an option. >> It's probably not as straightforward a question as, or an answer to that question as you say, because if we were to fast-forward 50 years, I would argue that China is going to be the largest trading nation in the world. I believe that China is going to have the upper hand on many of these technologies, and therefore why would we not want to use some of their innovation, some of their technology, why would we not actually be more orientated around trading with them than we might be with the U.S.? I think the U.S. is throwing its weight around at this moment in time, but if we were to fast-forward I think looking in the longterm, if I had to put my money on Huawei or some of its competitors, I think given its level of investments in research and whatever, I think the better longterm bet is Huawei. >> No, no, actually you guys need to pick a camp. It's a village again. You have to pick a camp, you can't be with both guys. >> Global village. >> Oh, right, so we have to go with the guys that have been spying on us? >> How do you know the Chinese haven't been spying on you? (Ray and John laughing loudly) >> I think I'm very happy, you find a backdoor in the Huawei equipment and you show it to us, we'll take them to task on it. But don't start bullying us into making decisions based on what-ifs. >> I don't think I'm, I'm not qualified to represent the U.S., but what we would want to say is that if you look at the dynamics of what's going on, China, we've been studying that as well in terms of the geopolitical aspects of what happens in technology, they have to do what they're doing right now. Because in 20 years our population dynamics go like this, right? You've got the one child policy, and they won't have the ability to go out and fight for those same resources where they are, so what they're doing makes sense from a country perspective and country policy. But I think they're going to look like Japan in 20 years, right? Because the xenophobia, the lack of immigration, the lack of inside stuff coming in, an aging population. I mean, those are all factors that slow down your economy in the long run. And the lack of bringing new people in for ideas, I mean that's part of it, they're a closed system. And so I think the longterm dynamics of every closed system is that they tend to fail versus open systems. So, I'm not sure, they may have better technology along the way. But I think a lot of us are probably in the camp now thinking that we're not going to aid and abet them, in that sense to get there. >> You're competing a country with a company, I didn't say that China had necessarily everything rosy in its future, it'll be a bigger economy, and it'll be a bigger trading partner, but it's got its problems, the one child policy and the repercussions of that. But that is not one of the things, Huawei, I think Huawei's a massively unlimited company that has got a massive lead, certainly in 5G technology, and may continue to maintain a lead into 6G and beyond. >> Oh yeah, yeah, Huawei's done a great job on the 5G side, and I don't disagree with that. And they're ahead in many aspects compared to the U.S., and they're already working on the 6G technologies as well, and the roll outs have been further ahead. So, that's definitely -- >> And they've got a great backer too, the financer, the country China. Okay guys, (Ray laughing) let's wrap up the segment. Thanks for everyone's time. Final thoughts, just each of you on this core issue of the news that we discussed and the impact that was the conversation. What's the core issue? What should people think about? What's your solution? What's your opinion of how this plays out? Just final statements. We'll start with Bill, Ray, Sarbjeet and JD. >> All I'm going to ask you is stop spying on us, treat us equally, treat us like the allies that we are, and then I think we've got to a bright future together! >> John: Ray? >> I would say that Bill's right in that aspect in terms of how security agreements work, I think that we've needed to be more explicit about those. I can't represent the U.S. government, but I think the larger issue is really how do we view privacy, and how we do trade offs between security and convenience, and you know, what's required for personalization, and companies that are built on data. So, the sooner we get to those kind of rules, an understanding of what's possible, what's a consensus between different countries and companies, I think the better off we will all be a society. >> Yeah, I believe the most important kind of independence is the economic independence. Like, economically sound parties dictate the terms, that's what U.S. is doing. And the smaller countries have to live with it or pick the other bigger player, number two in this case is China. John said earlier, I think, also what JD said is the fine balance between national security and the privacy. You can't have, you have to strike that balance, because the rogue actors are sitting in your country, and across the boundaries of the countries, right? So, it's not that FISA is being fought by Europeans only. Our internal people are fighting that too, like how when you are mining our data, like what are you using it for? Like, I get concerned too, when you can use that data against me, that you have some data against me, right? So, I think it's the fine balance between security and privacy, we have to strike that. Awesome. JD? I'll include a little fake check, fact check, at the moment China is the largest economy, the European Union is the second largest economy, followed directly by the USA, it's a very small difference, and I recommend that these two big parties behind the largest economy start to collaborate and start to do that eye to eye, because if you want to balance the economical and manufacturing power of China, you cannot do that as being number two and number three. You have to join up forces, and that starts with sticking with the treaties that you signed, and that has not happened in the past, almost four years. So, let's go back to the table, let's work on rules where from both sides the rights and the privileges are properly reflected, and then do the most important thing, stick to them! >> Yep, I think that's awesome. I think I would say that these young kids in high school and college, they need to come up and solve the problems, this is going to be a new generational shift where the geopolitical landscape will change radically, you mentioned the top three there. And new alliances, new kinds of re-imagination has to be there, and from America's standpoint I'll just say that I'd like to see lawmakers have, instead of a LinkedIn handle, a GitHub handle. You know, when they all go out on campaign talk about what code they've written. So, I think having a technical background or some sort of knowledge of computer science and how the internet works with sociology and societal impact will be critical for our citizenships to advance. So, you know rather a lawyer, right so? (laughs) Maybe get some law involved in that, I mean the critical lawyers, but today most people are lawyers in American politics, but show me a GitHub handle of that congressman, that senator, I'd be impressed. So, that's what we need. >> Thanks, good night! >> Ray, you want to say something? >> I wanted to say something, because I thought the U.S. economy was 21 trillion, the EU is sittin' at about 16, and China was sitting about 14, but okay, I don't know. >> You need to do math man. >> Hey, we went over our 30 minutes time, we can do an hour with you guys, so you're still good. (laughs) >> Can't take anymore. >> No go on, get in there, go at it when you've got something to say. >> I don't think it's immaterial the exact size of the economy, I think that we're better off collaborating on even and fair terms, we are -- >> We're all better off collaborating. >> Yeah. >> Gentlemen -- >> But the collaboration has to be on equal and fair terms, you know. (laughs) >> How do you define fair, good point. Fair and balanced, you know, we've got the new -- >> We did define fair, we struck a treaty! We absolutely defined it, absolutely! >> Yeah. >> And then one side didn't stick to it. >> We will leave it right there, and we'll follow up (Bill laughing) in a later conversation. Gentlemen, you guys are good. Thank you. (relaxing electronic music)

Published Date : Aug 3 2020

SUMMARY :

leaders all around the world, the EU killing the privacy it unless you are Dutch, Great to have you on, appreciate it, (Bill laughing) that's the BBC headline. about FISA and the Cloud Act and that is the sort of secret courts and also the rights of Europeans, runs the servers anymore, and the marketing of the data. So, the question that comes in my mind, that you give to your own citizens. A hostile takeover of the and the institutions I mean to me it's like, do and when you have the right to say no. and take away from the and the innovation that we I mean I think it's like when, you know, because most of the European member states and unless you can lobby your that the governments have to agree upon and Ray, you articulated I think we can describe Can I add another axis? and privacy. and the east coast as a technical person, They really don't understand. I'm not claiming ours are And so what you have is a fight of the laws in Europe You have to like, back up a massive lack of innovation. and the maximization of and the government checking power and that these are the side effects, and that has driven an enormous You know, 9/11 happened because of them, to take out cyber attacks. that it's Europeans I mean, if I put my line on the line Part of the spying internally and citizens and people in the system And I don't think we support the need for security. for the Americans to be spying on us. I mean I'm sure they do. and I know for a fact the I just got to remember that. that authorizes the surveillance some of the individual properties, Yeah, but just 'cause the in the Senate and the House, gettable in the United States, and data's getting back to a competitor, the CIA is selling the data (laughs) and that they're not that the Russian and that's how I see the Middle East and all that stuff. We didn't expect to be spied on by you, But, but you have to Where's the evidence on the surveillance, given the awareness of the I want to know. and it's something that but that's another point. if the European Union would now legalize that's how the village politics work, and surveil all you want. But the -- that the Cloud Act and the about Trump and the United states, But the TRA Balin's good, So, this is the reality. and so the question is and kick both out, that's an option. I believe that China is You have to pick a camp, and you show it to us, we'll is that they tend to But that is not one of the things, Huawei, and the roll outs have been further ahead. and the impact that was the conversation. So, the sooner we get and across the boundaries and how the internet works the EU is sittin' at about 16, we can do an hour with you guys, go at it when you've got something to say. But the collaboration Fair and balanced, you Gentlemen, you guys are good.

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Sizzle Reel | KubeCon+CloudNativeCon EU 2019


 

right so with kubernetes the history is we started off with only file systems block is something very new within the past couple releases that actually personally worked on the next piece that we're doing at Red Hat is leading the charge to create CRTs for object storage so it's defining those api's so customers can dynamically provision and manage their object storage with that in addition we recently acquired a company called nuba that does exactly that they're able to have that data mobility through object buckets across many clouds doing the sharding and replication with the ability to do and that's super important because it opens up for our customers to have image streams photos things like that that they typically use within an enterprise and quickly move the data and copy it as they as they need to so we notice that that more and more people want to try their workloads outside of the centralized one centralized data cluster so the big you know term for the last year was the hybrid cloud but it's not just hybrid cloud people coming from also from the iot user space wants to you know containerize their work clothes what wants to put the processing closer and closer to the devices that are actually producing and consuming those data in the users and there is a lot of use cases which should be tackled in in that way and as you all said previously like you Burnett is want developers hearts and minds so api's are stable everybody is using them it will be supported for decades so it's it's natural to try to bring all these tools and and all these platforms that are already you know available to developers try to tackle these new new challenges so that's why last year we reformed the kubernetes at the edge working group trying to you know start with the simple questions because when people come to you and say edge everybody thinks something different from somebody it's in IOT gateway for somebody it's a it's a full-blown you know kubernetes faster it's some telco providers so that's what we're trying to figure out all these and try to form a community because as we saw in the previous cell so for the IOT user space is that complex problems like these are never basically solved by single single company you need open source you need open standards you need the community around it so that people can pick and choose and build a solution to fit their needs yeah yeah so I care a lot about diversity in tech and women in tech more specifically one of the things that I I feel like this community has a lot of very visible women so when I actually looked at the number of contributors by by men and women I was really shocked to find out it was 3 percents it's kind of disappointing it's 3 percent of all the contributors to the all the projects in the CNCs it's only if you look at the 36 projects you look at the number of the people who've made issues commits comments pull requests it's 3 percent women and I think the CSUF has put a lot of effort into the for example of the diversity scholarships so bringing more than 300 people from underrepresented groups to cube corn including 56 here in Barcelona and it has a personal meaning to me because I really got my start through that diversity scholarship to keep calm Berlin two years ago and when I first came to keep on Berlin I knew nobody but just that little first step can go a long way into getting people into feeling like they're part of the community and they have something valuable to give back and then once you're in you're hooked on it and yeah then there's a lot of fun I think the ecosystem may finally be ready for it and this is I feel like it's easy for us to look at examples of the past you know people kind of shake their heads and OpenStack as a cautionary tale or sprawl and you know whatnot but this is a thriving which means growing which means changing which means a very busy ecosystem but like you're pointing out if your enterprises are gonna adopt some of this technology gee they look at it and everyone here was you know eating cupcakes or whatever for the kubernetes 5th birthday to an enterprise just because this got launched in 2014 you know ok June 2014 that sounds kind of new we're still running that mainframe that is still producing business value and actually that's fine I mean I think this maybe is one of the great things about a company like Microsoft is we are our customers like we also respect the fact that if something works you don't just Yolo a new thing out into production to replace it for what reason what is the business value of replacing it and I think for this that's why this kind of UNIX philosophy of the very modular pieces of this ecosystem and we were talking about how them a little earlier but there's also you know draft brigade you know etc like the porter the C NAB spec implementation stuff and this cloud native application bundles which that's a whole mouthful one of the things I like I've been a long history and open source too is if there are things that aren't perfect or things that are maturing a lot of times we're talking about them in public because there is a roadmap and you know people are working on it and we can all go to the repositories and you know see where people are complaining so at a show like this I feel like we do have some level of transparency and we can actually have realism here we I don't think we hear that as much anymore because there is no more barrier to getting the technology it's no longer I get this technology from vendor a and I wish somebody else would support the standard it's like I can get it if I want it I think the competition we typically have aren't about features anymore they're simply my business is driven by software let that's the way I interact with my customer that's the way I collect data for my customers whatever that is I need to do that faster and I need to teach my people to do that stuff so the technology becomes secondary like I have this saying it frustrates people so nice but I'm like there is not a CEO a CIO a CTO that you would talk to that wakes up and says I have a kubernetes problem they all go I have a I have this business problem I have that problem it happens to be software kubernetes is a detail sure I think the NSM is just a first step so the natural service is basically doing a couple of things one is it is simplifying networking so that the consumption paradigm is similar to what you see on the developer l7 layer so if you think SEO and how SEO is changing the game in terms of how you consume layer seven services think of bringing that down to the layer two layer three layer as well so the way a developer would discover services at the l7 layer is the same way we would want developers to discover networking endpoints or networking services or security capabilities that's number one so the language in which you consume needs to be simplified whereas it's whereby it becomes simple for developer to consume the second thing that I touched upon is we don't want developers to think about switches routers subnets BGP reacts van VLAN for me I want to take a little bit more into the idea of multi cloud I've been making a bit of a stink for the past year with a talk called the myths of multi cloud where it's not something I generally advise as a best practice and I'm holding to that fairly well but what I want to do is I won't have conversations with people who are pursuing multi-cloud strategies and figure out first are they in fact pursuing that the same thing that we're defining our terms and talking on the same page and secondly I want to get a little more context and insight into why they're doing that and what that looks like for them is it they want to be able to run different workloads in different places great that's fair the same workload run everywhere the lowest common denominator well let's scratch build a surface a bit and find out why that is bob wise and his team spent a ton of time working on the community and the whole the whole team does right for one of the the biggest contributors to @cd we're hosting birds of a feather we've committed we've contributed back to a fair amount of community projects and I think a lot of them are in fact around how to just make kubernetes work better on AWS and that might be something that we built because uks or it might be something like the like cluster autoscaler right which ultimately people would like to work better with with auto-scaling groups I think we we had the community involvement but I think it's about having a quiet community involvement right that it's it's about chopping wood and carrying water and being present and committing and showing up and having experts and answering questions and being present and things like say groups than it is necessarily having the biggest booth so Joe tremendous progress in five years look look forward for us a little bit you know what what what does you know kubernetes you know 2024 look like for us well you know a lot of folks like to say that you know in five years kubernetes is going to disappear and sometimes they come at this from the sort of snarky angle but other times I think you know it's gonna disappear in terms of like it's gonna be so boring so solid so assumed that people don't talk about it anymore I mean we're here at you know something that you know the the CNC F is part of the Linux Foundation which is great but you know how often do people really focus on the Linux kernel these days it is so boring so solid there's new stuff going on but like clearly all the exciting stuff all the action all the innovation is happening at higher layers and I think we're gonna see something similar happen with kubernetes over time exciting is being here if you rewind five years and tell me I'm ready in Barcelona with with 7,500 of my best friends I would think you were crazy or from Mars this is amazing and I thank everybody who's here who's made this thing possible we have a ton of work to do you know if you feel like you can't figure out what you need to work on come talk to me and we'll figure it out yet for me I just want to give a big thank you to all the maintain a nurse folks like Tim but also you know some other folks who you may not know their name but they're the ones slogging it out and to get up PRQ you know trying to just you know make the project's work in function day today and we're it not for their ongoing efforts we wouldn't have any of this you [Music]

Published Date : Feb 24 2020

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