As AI Moves Fast and U.S. Policy Flounders, Will Organizations Look Abroad for Data Security?

data security

Last week’s firing of the head of the National Security Agency and U.S. Cyber Command, along with his deputies, is one more reason to conclude that the United States is not led by serious people. As the administration waves off the implications of Signalgate and then fires Four-Star General Timothy D. Haugh et al. on the reported basis that Laura Loomer told Trump they are “disloyal,” any common-sense observer will justifiably doubt whether national security is a priority for this administration. Concurrently, one wonders whether the administration’s security clumsiness, combined with its deepening relationship with U.S. Big Tech leaders, will foster anxieties over data security as organizations in every sector develop new AI models that will be tomorrow’s attack vectors.

While U.S. Big Tech praised Trump’s revocation of the Biden EO on AI as an end to regulation, the move could erode confidence for many organizations that need to develop AI in environments provided by domestic suppliers of confidential computing services. Although the U.S. remains a leader in cybersecurity, Americans are targeted by cyberattacks more than any other country, and rescinding the Biden EO did not reverse any regulation. On the contrary, exacerbating the U.S. history of laissez-fair cyber policy, Trump has been a direct beneficiary of data abuse and micro-targeting misinformation; and more than half of all citizens likely assume that our private data is not only insecure, but that the current administration would not scruple to exploit it for the most draconian purposes.

For my recent post about Section 230 reform, I spoke with Peter DeMeo, Chief Product Officer of Phoenix Technologies AG in Switzerland about agentic AI as both opportunity and threat. Not yet fully realized, the principle is that an AI agent can act autonomously to improve or maintain a given system. “But you want to keep the agents in a good place,” DeMeo says. For instance, he describes a Swiss hospital group where the IT infrastructure crashed overnight, but the staff found the agent had fixed the problem and kept operations running. This kind of positive result, however, should not mask the fact that AI agents are new attack vectors. DeMeo explains…

Imagine a foreign adversary infiltrating a hospital’s network through a sophisticated phishing attack, poisoning the AI agent’s data and turning it malicious. Unaware of the compromise, the IT team deploys these sleeper agents into a trusted execution environment—a secure enclave, where they can operate autonomously. From within this stronghold, the malicious agents launch a next-generation ransomware attack, encrypting critical system data. Surgeons and medical staff are locked out, unable to access patient histories, scans, and essential systems—crippling hospital operations and endangering lives.

Is the U.S. a Robust Data Security Environment?

America’s data security landscape comprises a patchwork of federal law, state law, and what might be fairly described as an honor system among many major providers of confidential computing services. U.S. policy (i.e., let Big Tech do what it wants) combined with “operational assurance” (i.e., trust the provider to do what it says) may not provide the kind of confidence various organizations demand as they develop and deploy agentic AI. And that was before DOGE’s questionable access to, and haphazard handling of, sensitive information—or before Trump fired the top cyber security official without cause.

Meanwhile, a key indicator to follow in this context will likely be the insurance industry. For instance, Chubb, a major provider of cyber insurance, released its first Navigating the Cyber Claims Landscape report early this year. The report shows, for instance, ransomware incidents increasing in the U.S. while they are declining outside the U.S, and it explicitly states that “A zero trust security model is essential to maintain controls.”

If organizations look outside the U.S. for confidential computing, Switzerland could emerge as a hub for the level of data security needed to confront the vulnerabilities inherent to agentic AI. For instance, Phoenix’s business model combines decades of confidential computing experience, compliance with Switzerland’s stringent data protection laws, and pricing tiers that make confidential computing accessible for small and mid-size organizations. Rather than “operational assurance,” as Chief Technical Officer Angel Nunez Mencias, explains, Phoenix provides “technical assurance,” meaning that only the customer holds the encrypted key to their own data. There is no “back door,” and it would not be possible to make a customer’s data available to a third party—not even with a warrant issued under the U.S. Cloud Act.

In compliance with the Swiss Federal Act on Data Protection (FADP), not only must the customer approve every change deployed, but statutory provisions include strict civil, and even criminal, liabilities for mishandling certain data—especially sensitive information about natural persons. Asked whether this approach to security might inadvertently provide opportunity for cybercriminals or terrorist organizations, Mencias notes, “Confidential computing is not a black box. Just as the customer must approve every change, we approve the software deployed in our environment.”

IT professionals at organizations in the U.S. and abroad will decide whether providers like Phoenix offer a more secure environment for advancements in agentic AI computing, but the value proposition DeMeo describes provoke questions that were difficult before the current U.S. administration began breaking things. Now that it shall be the policy of the United States to cede the field of excellence in a wide range of disciplines, it is fair to ask whether various organizations will look elsewhere for data security.

Pass the TikTok Legislation. And then…

TikTok legislation

“At what point then is the approach of danger to be expected? I answer, if it ever reach us, it must spring up amongst us. It cannot come from abroad. If destruction be our lot, we must ourselves be its author and finisher. As a nation of freemen, we must live through all time, or die by suicide.” – Abraham Lincoln, The Lyceum Address, 1838 –

Lincoln’s famous observation that only Americans can truly destroy America speaks to the fragility of the Republic, which the founders knew could only endure so long as the people generally keep faith with certain core principles. Watching those principles assaulted by a far-right populism, which has presently swallowed the Republican Party, it is natural to read Lincoln as prophetic, and it is hard to imagine any foreign influence being more dangerous. On the other hand, when Lincoln said, “It cannot come from abroad,” he could hardly have imagined a time when 170 million young Americans would carry a pocket surveillance device loaded with software under the control of a foreign adversary.

Following the 362-55 vote by the House to force TikTok to divest itself of all ties to the Chinese Communist Party (CCP), opinions about the bill question both its necessity and viability—though not with good reason. Although rashly described as a “ban,” the effect of H.R. 7521 would force a sale of the platform by parent company ByteDance to an owner without ties to the CCP. To that end, I agree with independent musician Blake Morgan. who endorses the TikTok legislation, both as a national security and anti-piracy measure. In an editorial for IP Watchdog, Morgan writes:

The vast majority of music on TikTok generates virtually no revenue for the musicians who made it, and even more music on the platform is completely unlicensed (stolen), copied (stolen via AI), or pirated (stolen). Simply put, TikTok is trying to build a music-based business without paying music makers fair value for the music. That’s why Universal Music Group has already pulled out of TikTok. That’s why the National Music Publishers’ Association has already announced it won’t renew its license with the company. So, TikTok poses “a clear and present danger” to American music, too.

The music piracy alone is reason to force the platform to operate within the reach of U.S. law, but with regard to the national security threat, it is notable that unless one is in the intelligence community, or a Member of Congress receiving a security briefing, we are left to rely upon one of those core principles, which have been eroded by social media in general:  trust. I do not endorse the Whatabouist’s view that just because TikTok is not alone in causing havoc that this legislation is moot, but the story does highlight those hazards of social media that make it difficult to convince many Americans that TikTok is a threat of any kind.

Joseph V. Amodio, writing for Tanium, states that TikTok is distinguishable from other platforms thus:

TikTok stands out in its power to manipulate: While videos from any app can go viral, TikTok’s infection ability is unique, given the practice of “heating,”  where TikTok staff can supercharge distribution of hand-picked videos. This has huge implications for fair competition and free trade. Just imagine how they can siphon profits by amplifying your competitors’ posts or cooling down your own viral campaigns.

Whether the goal of data manipulation is to pull the levers on enterprise, as Amodio indicates, or to influence young voters on policy matters, how does one convince nearly 200 million 18 – 29-year-olds that said manipulation is both occurring and should be seen as an attack? If an act of cyberwarfare entails hacking the Pentagon or shutting down part of the power grid, enough Americans can probably recognize such events as attacks in a traditional sense. Likewise, the prospect of malicious software injected into millions of mobile devices might be understood as a threat.

But what if the weapon is an insidious propaganda tool used to manipulate the opinions of millions of citizens? Who is going to be trusted to identify that as a sustained attack on the United States? Some portion of the TikTok demographic will not believe that China (or Russia) is an adversary in the first place, which is arguably evidence itself of social media’s power to influence.

Even if the delivery platform is owned by Meta serving “ads” purchased by foreign operatives with the same objective to sow discord, no individual wants to believe he’s being manipulated. More complexly, even if one tries to apply critical thinking, the effort itself is often countered by teams of data manipulators flooding the zone—i.e. the illusion of more “information” tilting bias in one direction or another. This was true before parties like China and Russia upped their cyber game and before they could add artificial intelligence to the toolset.

As a practical example at the heart of the TikTok story, how does the moderate, who would rather not hyper-politicize national security, take the contemporary Republican seriously in his professed opposition to TikTok’s capacity to “manipulate” Americans? For instance, Rep. Ralph Norman of South Carolina writes, “…if you’ve spent 5 minutes exploring TikTok, you should have recognized the addictive nature of this platform. It is designed for one purpose: to control your attention. Their algorithm quickly figures out what kind of videos you’re likely to watch, and then feed you similar videos to keep you fixated.”

Fine. But one could swap “TikTok for “Trump” and make the same general argument, including that his self-interested rhetoric about NATO, disrespect for the Constitution, etc. all comprise a threat to national security. What would Lincoln say to his legacy party about this tangled interplay between foreign and domestic forces, both hostile to American interests, and both weaponizing disinformation through addictive and manipulative platforms?

In this context, it is important to note that Trumpism is a symptom of populism—a trend that is no less prevalent on the left than on the right, perhaps especially among 18 – 29-year-olds. The difference, for the moment, is that the left has not found its own cult-like figure, who might also undermine core principles, albeit in a different style than Trump. The rise in populism in the U.S. and other democracies is a direct result of social media’s nature to factionalize hearts and minds, which is precisely what a foreign adversary wants to achieve. TikTok may be a shrewdly named time-bomb delivered to over half the U.S. population and, as such, should be diffused. But assuming that task can be accomplished, the existential question remains as to whether we can quarantine the most virulent effects of all social platforms or “die by suicide.”

Podcast – The Multi-Billion-Dollar Piracy Industry with Tom Galvin of Digital Citizens Alliance

In this episode, I speak with Tom Galvin, CEO of Digital Citizens Alliance, about piracy of creative works and DCA’s latest report, issued this month in collaboration with the research group White Bullet. The report, entitled Breaking Bad(s): How Advertiser-Supported Piracy Helps Fuel a Booming Multi-Billion Dollar Illegal Market, reveals that piracy is a highly profitable criminal enterprise and is intertwined with other forms of cyber-crime—from personal identity theft to national security

Piracy of creative works like motion pictures, TV shows, music, and live sports is a vast and growing criminal enterprise. In its latest report, Digital Citizens Alliance estimates the combined advertising and subscription revenue generated by piracy is at least $2.34 billion annually. Meanwhile, in addition to its ill-effects on the creators whose works are pirated and the online advertising ecosystem, piracy plays a key role in fostering other forms of cyber crime.

Episode Contents

  • 01:52 – Breaking Bad(s) Report Overview
  • 04:05 – Ad and subscription supported piracy
  • 06:49 – The online advertising ecosystem.
  • 08:49 – Some successful mitigation since 2014.
  • 11:14 – The downsides of piracy for brands.
  • 15:10 – Major brands found were Amazon, Facebook, & Google.
  • 18:01 – It is possible to do something.
  • 19:24 – Advertiser pressure to get ad tech to clean up its act.
  • 21:09 – Dangers to the consumer.
  • 27:13 – Why aren’t the hazards deterrents?
  • 30:30 – Drive-by malware.
  • 32:07 – Piracy is a vertical for broader criminal enterprise.
  • 33:26 – What about solutions.
  • 37:33 – Even if you don’t care about copyright owners…
  • 40:30 – Intersection with disinformation campaigns?