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Important legal decisions should be based on an accurate understanding of the law and facts. As the U. Mission to the EU has also notedthe Opinion suffers from particular inaccuracies concerning the law and practice of U. It relies on these incorrect facts about PRISM to reach its conclusion, removing the factual basis for its overall findings.
In my experience as a scholar and practitioner in the field, the U. The scope and nature of the intelligence surveillance far exceeded what most people ly understood. As a long-time legal scholar on these issues, and participant in rounds of policy debates, I have shared the view that important new legal checks and balances have been needed on intelligence activities. I also have sympathy and respect for the goals of European data protection law, having written a book on the subject as well as participating in the negotiation of the Safe Harbor itself.
One response to the public concern was that President Obama created an independent Review Group on Intelligence and Communications Technology, to advise him on how to respond to concerns about intelligence agency activities. In my role as one of the five members, I know that we were briefed at the most classified levels, were Women seeking nsa Two Strike all of the information and briefings we requested, and issued our report in December, The administration informed us that it has adopted at least 70 percent of our 46 recommendations; in addition, all of the major provisions of the USA Freedom Act, passed by Congress inwere derived from Review Group recommendations.
Together these show the enormous gap between the statements in the Opinion and U. The PCLOB has precisely the attributes of independence and investigatory powers that European privacy officials have long emphasized. The program has operated under a statute that was publicly debated, and the text of the statute outlines the basic structure of the program.
Operation of the Section program has been subject to judicial oversight and extensive internal supervision, and the Board has found no evidence of intentional abuse. In short, based on investigation by an independent agency, the program has been necessary, effective and governed by law. The U. We have witnessed a broader range of changes relevant to EU citizens than most have realized. The new procedures create stricter definition and documentation of the purpose of each request, subject to two levels of approval within the NSA as well as independent judiciary Women seeking nsa Two Strike by the FISC.
The Section discussion here illustrates the dense web of rules and oversight that exists for information collection by U. Transfer of data to the U. If you want to comment on this post, you need to. Privacy Digest A roundup of US privacy news. the Privacy List Have ideas? Member Directory Locate and network with fellow privacy professionals using this peer-to-peer directory.
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Sponsor an Event Increase visibility for your organization—check out sponsorship opportunities today. Tags Europe. I suppose, however, if you want to reach a certain policy result even the facts can be ignored.
More fundamentally, I wonder if the ECJ will fail see that data protection issues have to apply principles of international law when it interacts with other legal systems. A fundamental principle of international law is that every sovereign state is bound to respect the independence of every other sovereign state, and the courts will not sit in judgment of another government's acts done within its own territory.
It is based on a European understanding Women seeking nsa Two Strike basic rights which differs from the ideas on the other side of the Atlantic. To discuss these different point of view is important for a new and common agreement on the processing of personal data. And it is the result of the Snowden revelations to do so.
Therefore, the ECJ decision is based on right assumptions and a great al that mass surveillance is against our, hopefully: common, values. Now we should look forward how to handle the emerging challenges of international data transfers. Can you say that the Boston bombings were prevented? Can you say that any violent act or act of internal spying by a state federal employee or contractor such as Snowden was caught?. Can we site any occurrence of any act being stopped or mitigated? But it is an unfortunate consequence of our government's longstanding and affirmative effort to deceive the public about its practices in this area that foreign courts are unexcited about extending us the benefit of the doubt and uninterested in engaging in the fine analysis of US intelligence practices.
This is particularly true because people tend to believe that if they are deceived once, the deception might be ongoing.
The CFAA keeps our businesses dependent on a weak standard of evidence, so prosecutors can use really slack technical work to bring in cases, and businesses can use CFAA threats to bargain with gray security researchers for patches. Angela Merkel's government leaked that her cell phone was tapped by the NSA and that our president told her, basically, to suck it up -- a woman who grew up in East German under the Stasi, who told Obama that his high policing was like the Stasi.
These are American cultural and business and governmental phenomena. To the outside world, they look insane. Critiques of these institutions should give us pause, but of course, such noise is just something that came out of the foreign press -- like this decision -- and therefor people such as yourself dismiss it. I believe that we should be, like Europe, treating user privacy as consumer protection, as well as civil liberties. Without privacy, civic dissent withers.
Our nation would have been stillborn without the use of pseudonymous and anonymous publishing by our founders, for example in our Revolutionary War and during the Constitutional Congress. But today, privacy is under fire from the engines of marketing -- the loudest and most compelling voices in our culture.
Commercial interest in selling the public on the death of privacy is against the best interests of the republic, but there's very little money opposing it. And as we all know, money is political speech.
I really hope that outside pressure is enough to give us the incentive to actually form up a "Church Committee" with teeth -- something that we will never create out of a Congress under surveillance. Today, asymmetrical wars are fought with violence rarely, and more successfully, with nonviolence ; symmetrical wars are fought with economics and more subtle tools, including every tool in the obscurantist's quiver. These tools are available to democracies, if the electorate can be disengaged from oversight and civic literacy.
If the "political class" can be convinced that the electorate must be manipulated, rather than engaged.
We all need to be honest about where we are in this conflict. On the side of the consumer? On the side of the electorate? On the side of government reform? On the side of American business being better trusted abroad? Just the sheer idiocy of having the FBI stand before Congress speaking against strong encryption -- the foundation of our modern economy? Our banks, markets, commodities, e-commerce? That the FBI this week admitted that their reporting of police violence against civilians was inaccurately reported, and The Guardian and the Washington Post had better s -- and that was "ridiculous" was refreshing.
But that no one, including the newspapers involved, bothered to note that this implied that the reports that the FBI had published using the same flawed methodology for decades were also flawed, implies that we simply republish government statements. Or people who give government a blank check, such as yourself.
We can't afford this. We need better long term solutions, and they may not include Adm. John Poindexter's paranoid inheritances in uncompromising contrast with American business interests. We can not live in a safe world, and we can not live in a world where the American public lives in an isolated oasis without risks. We have to reasonably introduce our people to the global situation, and diffuse the GWOT bloat before it takes over our government irreducibly. We need to talk about that openly -- not privately.
We need better dialogue, point by point, looking for solutions.Women seeking nsa Two Strike
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