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Gonzalo San Gil, PhD.

In Response To Growing Protests, EU Pulls Corporate Sovereignty Chapter From TAFTA/TTIP... - 0 views

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    "from the more-of-this,-please dept Here on Techdirt, we've been writing about the dangers of corporate sovereignty for a while. In recent months, more and more people and organizations have pointed out that the plan to include an investor-state dispute settlement (ISDS) in the TAFTA/TTIP agreement currently being negotiated is fraught with dangers -- and also completely unnecessary given the fair and efficient legal systems that exist on both sides of the Atlantic. It seems that this chorus of disapproval has finally been noticed, in Brussels at least: "
Gonzalo San Gil, PhD.

Leaked Secret TPP Doc Reveals Sovereignty-destroying Courts - OSNet Daily [# ! Note...] - 0 views

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    "The New American Why has the Obama administration kept the Trans-Pacific Partnership agreement text secret from Congress and the American people? A newly leaked TPP chapter reveals at least one huge reason: The TPP text proposes creating tribunals (courts) that could overrule the decisions of our state and federal courts, as well as our local, state and federal laws - and our state and national constitutions."
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    "The New American Why has the Obama administration kept the Trans-Pacific Partnership agreement text secret from Congress and the American people? A newly leaked TPP chapter reveals at least one huge reason: The TPP text proposes creating tribunals (courts) that could overrule the decisions of our state and federal courts, as well as our local, state and federal laws - and our state and national constitutions."
Gonzalo San Gil, PhD.

Trade 4 People - October 2015 International Days of Action against TTIP, CETA, TiSA and... - 0 views

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    "October 10 - 17, 2015 On the International Days of Action we want to send out a loud and clear signal against four trade and investment deals that threaten our democratic rights, food sovereignty, jobs and the environment. These agreements are TTIP (Transatlantic Trade and Investment Partnership, between the US and EU), TPP (Transpacific Partnership, between the US, Canada and various Asian countries), TiSA (Trade in Services Agreement, numerous parties) and CETA (Comprehensive Economic and Trade Agreement, between the EU and Canada). To find out more, please read our Call to Action and refer to the texts and videos in the resources section."
Gonzalo San Gil, PhD.

Avaaz - US Congress: Stop the TPP - 0 views

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    "sign the petition To US Congress and all legislators voting on the Trans-Pacific Partnership agreement: As concerned global citizens, we call on you to vote no on the the Trans-Pacific Partnership and to reject any plans that limit our governments' power to regulate in the public interest. The TPP is a threat to democracy, undermining national sovereignty, workers' rights, environmental protections and Internet freedom. We urge you to reject this corporate takeover. "
Gonzalo San Gil, PhD.

Nina Paley Argues Why Copyright Is Brain Damage | Techdirt - 0 views

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    "from the sovereignty-of-your-own-mind dept We first wrote about Nina Paley in 2009, upon hearing about the ridiculous copyright mess she found herself in concerning her wonderful movie Sita Sings the Blues. While she eventually was able to sort out that mess and release the film, she also discovered that the more she shared the film, the more money she made, and she began to question copyright entirely."
Gonzalo San Gil, PhD.

El brexit empaña el tratado comercial entre la UE y Estados Unidos | El Perió... - 0 views

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    "VIKTORIA DENDRINOU, The Wall Street Journal BRUSELAS (EFE Dow Jones)--La decisión de Reino Unido de abandonar la Unión Europea ha arrojado más dudas sobre el futuro de un tratado comercial de gran alcance entre la UE y Estados Unidos. Los dos mayores bloques económicos del mundo han estado negociando la Asociación Transatlántica para el Comercio y la Inversión --o TTIP por sus siglas en inglés-- desde 2013, y todavía dicen que esperan finalizar las negociaciones antes de que finalice el mandato de la Administración Obama en enero."
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    "VIKTORIA DENDRINOU, The Wall Street Journal BRUSELAS (EFE Dow Jones)--La decisión de Reino Unido de abandonar la Unión Europea ha arrojado más dudas sobre el futuro de un tratado comercial de gran alcance entre la UE y Estados Unidos. Los dos mayores bloques económicos del mundo han estado negociando la Asociación Transatlántica para el Comercio y la Inversión --o TTIP por sus siglas en inglés-- desde 2013, y todavía dicen que esperan finalizar las negociaciones antes de que finalice el mandato de la Administración Obama en enero."
Paul Merrell

Stop The Trap | OpenMedia International - 1 views

  • Right now, a group of 600 industry lobbyist "advisors" and un-elected government trade representatives are scheming behind closed doors1,2 to craft an international agreement called the Trans-Pacific Partnership (TPP). Why the secrecy? We know from leaked documents3 that the TPP includes what amounts to an Internet trap that would:
  • Criminalize4 some of your everyday use of the Internet, Force service providers to collect and hand over your private data without privacy safeguards5, and Give media conglomerates more power to fine you for Internet use,6 remove online content—including entire websites—and even terminate7 your access to the Internet. Create a parallel legal system of international tribunals that will undermine national sovereignty and allow conglomerates to sue countries for laws that infringe on their profits.
  • The TPP's Internet trap is secretive, extreme, and it could criminalize your daily use of the Internet. We deserve to know what will be blocked, what we and our families will be fined for. If enough of us speak out now, we can force participating governments to come clean. Your signature will send a message to leaders of participating countries. 8
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  • Please sign our petition to make your objection heard. 100,635 people have signed (and counting).
Paul Merrell

US websites should inform EU citizens about NSA surveillance, says report - 0 views

  • All existing data sharing agreements between Europe and the US should be revoked, and US web site providers should prominently inform European citizens that their data may be subject to government surveillance, according to the recommendations of a briefing report for the European Parliament. The report was produced in response to revelations about the US National Security Agency (NSA) snooping on internet traffic, and aims to highlight the subsequent effect on European Union (EU) citizens' rights.
  • The report warns that EU data protection authorities have failed to understand the “structural shift of data sovereignty implied by cloud computing”, and the associated risks to the rights of EU citizens. It suggests “a full industrial policy for development of an autonomous European cloud computing capacity” should be set up to reduce exposure of EU data to NSA surveillance that is undertaken by the use of US legislation that forces US-based cloud providers to provide access to data they hold.
  • To put pressure on the US government, the report recommends that US websites should ask EU citizens for their consent before gathering data that could be used by the NSA. “Prominent notices should be displayed by every US web site offering services in the EU to inform consent to collect data from EU citizens. The users should be made aware that the data may be subject to surveillance by the US government for any purpose which furthers US foreign policy,” it said. “A consent requirement will raise EU citizen awareness and favour growth of services solely within EU jurisdiction. This will thus have economic impact on US business and increase pressure on the US government to reach a settlement.”
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  • Other recommendations include the EU offering protection and rewards for whistleblowers, including “strong guarantees of immunity and asylum”. Such a move would be seen as a direct response to the plight of Edward Snowden, the former NSA analyst who leaked documents that revealed the extent of the NSA’s global internet surveillance programmes. The report also says that, “Encryption is futile to defend against NSA accessing data processed by US clouds,” and that there is “no technical solution to the problem”. It calls for the EU to press for changes to US law.
  • “It seems that the only solution which can be trusted to resolve the Prism affair must involve changes to the law of the US, and this should be the strategic objective of the EU,” it said. The report was produced for the European Parliament committee on civil liberties, justice and home affairs, and comes before the latest hearing of an inquiry into electronic mass surveillance of EU citizens, due to take place in Brussels on 24 September.
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    Yee-haw! E.U. sanctuary and rewards for NSA whistle-blowers. Mandatory warnings for customers of U.S. cloud services that their data may be turned over to the NSA. Pouring more gasoline on the NSA diplomatic fire. 
Gonzalo San Gil, PhD.

The hidden cost of EU trade deals | Friends of the Earth Europe - 0 views

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    "This report compiles all publicly available data on investor-state dispute settlement cases taken against EU member states since 1994. It highlights the irrefutable attack on recent EU accession countries and the environment, as well as the cost this system has already had on EU taxpayers and European democracy."
Paul Merrell

WikiLeaks - Secret Trans-Pacific Partnership Agreement (TPP) - Investment Chapter - 0 views

  • WikiLeaks releases today the "Investment Chapter" from the secret negotiations of the TPP (Trans-Pacific Partnership) agreement. The document adds to the previous WikiLeaks publications of the chapters for Intellectual Property Rights (November 2013) and the Environment (January 2014). The TPP Investment Chapter, published today, is dated 20 January 2015. The document is classified and supposed to be kept secret for four years after the entry into force of the TPP agreement or, if no agreement is reached, for four years from the close of the negotiations. Julian Assange, WikiLeaks editor said: "The TPP has developed in secret an unaccountable supranational court for multinationals to sue states. This system is a challenge to parliamentary and judicial sovereignty. Similar tribunals have already been shown to chill the adoption of sane environmental protection, public health and public transport policies." Current TPP negotiation member states are the United States, Japan, Mexico, Canada, Australia, Malaysia, Chile, Singapore, Peru, Vietnam, New Zealand and Brunei. The TPP is the largest economic treaty in history, including countries that represent more than 40 per cent of the world´s GDP.
  • The Investment Chapter highlights the intent of the TPP negotiating parties, led by the United States, to increase the power of global corporations by creating a supra-national court, or tribunal, where foreign firms can "sue" states and obtain taxpayer compensation for "expected future profits". These investor-state dispute settlement (ISDS) tribunals are designed to overrule the national court systems. ISDS tribunals introduce a mechanism by which multinational corporations can force governments to pay compensation if the tribunal states that a country's laws or policies affect the company's claimed future profits. In return, states hope that multinationals will invest more. Similar mechanisms have already been used. For example, US tobacco company Phillip Morris used one such tribunal to sue Australia (June 2011 – ongoing) for mandating plain packaging of tobacco products on public health grounds; and by the oil giant Chevron against Ecuador in an attempt to evade a multi-billion-dollar compensation ruling for polluting the environment. The threat of future lawsuits chilled environmental and other legislation in Canada after it was sued by pesticide companies in 2008/9. ISDS tribunals are often held in secret, have no appeal mechanism, do not subordinate themselves to human rights laws or the public interest, and have few means by which other affected parties can make representations. The TPP negotiations have been ongoing in secrecy for five years and are now in their final stages. In the United States the Obama administration plans to "fast-track" the treaty through Congress without the ability of elected officials to discuss or vote on individual measures. This has met growing opposition as a result of increased public scrutiny following WikiLeaks' earlier releases of documents from the negotiations.
  • The TPP is set to be the forerunner to an equally secret agreement between the US and EU, the TTIP (Transatlantic Trade and Investment Partnership). Negotiations for the TTIP were initiated by the Obama administration in January 2013. Combined, the TPP and TTIP will cover more than 60 per cent of global GDP. The third treaty of the same kind, also negotiated in secrecy is TISA, on trade in services, including the financial and health sectors. It covers 50 countries, including the US and all EU countries. WikiLeaks released the secret draft text of the TISA's financial annex in June 2014. All these agreements on so-called “free trade” are negotiated outside the World Trade Organization's (WTO) framework. Conspicuously absent from the countries involved in these agreements are the BRICs countries of Brazil, Russia, India and China. Read the Secret Trans-Pacific Partnership Agreement (TPP) - Investment chapter
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    The previously leaked chapter on copyrights makes clear that the TPP would be a disaster for a knowledge society. This chapter makes clear that only corprorations may compel arbitration; there is no corresponding right for human beings to do so. 
Paul Merrell

Microsoft to host data in Germany to evade US spying | Naked Security - 0 views

  • Microsoft's new plan to keep the US government's hands off its customers' data: Germany will be a safe harbor in the digital privacy storm. Microsoft on Wednesday announced that beginning in the second half of 2016, it will give foreign customers the option of keeping data in new European facilities that, at least in theory, should shield customers from US government surveillance. It will cost more, according to the Financial Times, though pricing details weren't forthcoming. Microsoft Cloud - including Azure, Office 365 and Dynamics CRM Online - will be hosted from new datacenters in the German regions of Magdeburg and Frankfurt am Main. Access to data will be controlled by what the company called a German data trustee: T-Systems, a subsidiary of the independent German company Deutsche Telekom. Without the permission of Deutsche Telekom or customers, Microsoft won't be able to get its hands on the data. If it does get permission, the trustee will still control and oversee Microsoft's access.
  • Microsoft CEO Satya Nadella dropped the word "trust" into the company's statement: Microsoft’s mission is to empower every person and every individual on the planet to achieve more. Our new datacenter regions in Germany, operated in partnership with Deutsche Telekom, will not only spur local innovation and growth, but offer customers choice and trust in how their data is handled and where it is stored.
  • On Tuesday, at the Future Decoded conference in London, Nadella also announced that Microsoft would, for the first time, be opening two UK datacenters next year. The company's also expanding its existing operations in Ireland and the Netherlands. Officially, none of this has anything to do with the long-drawn-out squabbling over the transatlantic Safe Harbor agreement, which the EU's highest court struck down last month, calling the agreement "invalid" because it didn't protect data from US surveillance. No, Nadella said, the new datacenters and expansions are all about giving local businesses and organizations "transformative technology they need to seize new global growth." But as Diginomica reports, Microsoft EVP of Cloud and Enterprise Scott Guthrie followed up his boss’s comments by saying that yes, the driver behind the new datacenters is to let customers keep data close: We can guarantee customers that their data will always stay in the UK. Being able to very concretely tell that story is something that I think will accelerate cloud adoption further in the UK.
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  • Microsoft and T-Systems' lawyers may well think that storing customer data in a German trustee data center will protect it from the reach of US law, but for all we know, that could be wishful thinking. Forrester cloud computing analyst Paul Miller: To be sure, we must wait for the first legal challenge. And the appeal. And the counter-appeal. As with all new legal approaches, we don’t know it is watertight until it is challenged in court. Microsoft and T-Systems’ lawyers are very good and say it's watertight. But we can be sure opposition lawyers will look for all the holes. By keeping data offshore - particularly in Germany, which has strong data privacy laws - Microsoft could avoid the situation it's now facing with the US demanding access to customer emails stored on a Microsoft server in Dublin. The US has argued that Microsoft, as a US company, comes under US jurisdiction, regardless of where it keeps its data.
  • Running away to Germany isn't a groundbreaking move; other US cloud services providers have already pledged expansion of their EU presences, including Amazon's plan to open a UK datacenter in late 2016 that will offer what CTO Werner Vogels calls "strong data sovereignty to local users." Other big data operators that have followed suit: Salesforce, which has already opened datacenters in the UK and Germany and plans to open one in France next year, as well as new EU operations pledged for the new year by NetSuite and Box. Can Germany keep the US out of its datacenters? Can Ireland? Time, and court cases, will tell.
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    The European Community's Court of Justice decision in the Safe Harbor case --- and Edward Snowden --- are now officially downgrading the U.S. as a cloud data center location. NSA is good business for Europeans looking to displace American cloud service providers, as evidenced by Microsoft's decision. The legal test is whether Microsoft has "possession, custody, or control" of the data. From the info given in the article, it seems that Microsoft has done its best to dodge that bullet by moving data centers to Germany and placing their data under the control of a European company. Do ownership of the hardware and profits from their rent mean that Microsoft still has "possession, custody, or control" of the data? The fine print of the agreement with Deutsche Telekom and the customer EULAs will get a thorough going over by the Dept. of Justice for evidence of Microsoft "control" of the data. That will be the crucial legal issue. The data centers in Germany may pass the test. But the notion that data centers in the UK can offer privacy is laughable; the UK's legal authority for GCHQ makes it even easier to get the data than the NSA can in the U.S.  It doesn't even require a court order. 
Paul Merrell

Google Caves to Russian Federal Antimonopoly Service, Agrees to Pay Fine - nsnbc intern... - 0 views

  • Google ultimately caved to Russia’s Federal Antimonopoly Service, agreeing to pay $7.8 million (438 million rubles) for violating antitrust laws. The corporate Colossus will also pay two other fines totaling an additional $18,000 (1 million rubles) for failing to comply with past orders issued by state regulators. Last year Google caved to similar demands by the European Union.
  • In August 2016 Russia’s Federal Antimonopoly Service responded to a complaint by Russian search engine operator Yandex and fined the U.S.-based Google 438 million rubles for abusing its dominant market position to force manufacturers to make Google applications the default services on devices using Android. Regulators set the fine at 9 percent of Google’s reported profits on the Russian market in 2014, plus inflation. Similar to the case against the European Union Google challenged the penalty in several appellate courts before finally agreeing this week to meet the government’s demands. The corporation also agreed to stop requiring manufacturers to install Google services as the default applications on Android-powered devices. The agreement is valid for six years and nine months, Russia’s Antimonopoly Service reported. Last year Google, after a protracted battle, caved to similar antitrust regulations by the European Union, but the internet giant has also come under fire elsewhere. In 2015 Australian treasurer Joe Hockey implied Google in his list of corporate tax thieves. In January 2016 British lawmakers decided to fry Google over tax evasion. Google and taxes were compared to the Bermuda Triangle. One year ago the dispute between the European Union’s competition watchdog and Google, culminated in the European Commission formally charging Google with abusing the dominant position of its Android mobile phone operating system, having launched an investigation in April 2015.
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