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Paul Merrell

Data Transfer Pact Between U.S. and Europe Is Ruled Invalid - The New York Times - 0 views

  • Europe’s highest court on Tuesday struck down an international agreement that allowed companies to move digital information like people’s web search histories and social media updates between the European Union and the United States. The decision left the international operations of companies like Google and Facebook in a sort of legal limbo even as their services continued working as usual.The ruling, by the European Court of Justice, said the so-called safe harbor agreement was flawed because it allowed American government authorities to gain routine access to Europeans’ online information. The court said leaks from Edward J. Snowden, the former contractor for the National Security Agency, made it clear that American intelligence agencies had almost unfettered access to the data, infringing on Europeans’ rights to privacy. The court said data protection regulators in each of the European Union’s 28 countries should have oversight over how companies collect and use online information of their countries’ citizens. European countries have widely varying stances towards privacy.
  • Data protection advocates hailed the ruling. Industry executives and trade groups, though, said the decision left a huge amount of uncertainty for big companies, many of which rely on the easy flow of data for lucrative businesses like online advertising. They called on the European Commission to complete a new safe harbor agreement with the United States, a deal that has been negotiated for more than two years and could limit the fallout from the court’s decision.
  • Some European officials and many of the big technology companies, including Facebook and Microsoft, tried to play down the impact of the ruling. The companies kept their services running, saying that other agreements with the European Union should provide an adequate legal foundation.But those other agreements are now expected to be examined and questioned by some of Europe’s national privacy watchdogs. The potential inquiries could make it hard for companies to transfer Europeans’ information overseas under the current data arrangements. And the ruling appeared to leave smaller companies with fewer legal resources vulnerable to potential privacy violations.
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  • “We can’t assume that anything is now safe,” Brian Hengesbaugh, a privacy lawyer with Baker & McKenzie in Chicago who helped to negotiate the original safe harbor agreement. “The ruling is so sweepingly broad that any mechanism used to transfer data from Europe could be under threat.”At issue is the sort of personal data that people create when they post something on Facebook or other social media; when they do web searches on Google; or when they order products or buy movies from Amazon or Apple. Such data is hugely valuable to companies, which use it in a broad range of ways, including tailoring advertisements to individuals and promoting products or services based on users’ online activities.The data-transfer ruling does not apply solely to tech companies. It also affects any organization with international operations, such as when a company has employees in more than one region and needs to transfer payroll information or allow workers to manage their employee benefits online.
  • But it was unclear how bulletproof those treaties would be under the new ruling, which cannot be appealed and went into effect immediately. Europe’s privacy watchdogs, for example, remain divided over how to police American tech companies.France and Germany, where companies like Facebook and Google have huge numbers of users and have already been subject to other privacy rulings, are among the countries that have sought more aggressive protections for their citizens’ personal data. Britain and Ireland, among others, have been supportive of Safe Harbor, and many large American tech companies have set up overseas headquarters in Ireland.
  • “For those who are willing to take on big companies, this ruling will have empowered them to act,” said Ot van Daalen, a Dutch privacy lawyer at Project Moore, who has been a vocal advocate for stricter data protection rules. The safe harbor agreement has been in place since 2000, enabling American tech companies to compile data generated by their European clients in web searches, social media posts and other online activities.
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    Another take on it from EFF: https://www.eff.org/deeplinks/2015/10/europes-court-justice-nsa-surveilance Expected since the Court's Advocate General released an opinion last week, presaging today's opinion.  Very big bucks involved behind the scenes because removing U.S.-based internet companies from the scene in the E.U. would pave the way for growth of E.U.-based companies.  The way forward for the U.S. companies is even more dicey because of a case now pending in the U.S.  The Second U.S. Circuit Court of Appeals is about to decide a related case in which Microsoft was ordered by the lower court to produce email records stored on a server in Ireland. . Should the Second Circuit uphold the order and the Supreme Court deny review, then under the principles announced today by the Court in the E.U., no U.S.-based company could ever be allowed to have "possession, custody, or control" of the data of E.U. citizens. You can bet that the E.U. case will weigh heavily in the Second Circuit's deliberations.  The E.U. decision is by far and away the largest legal event yet flowing out of the Edward Snowden disclosures, tectonic in scale. Up to now, Congress has succeeded in confining all NSA reforms to apply only to U.S. citizens. But now the large U.S. internet companies, Google, Facebook, Microsoft, Dropbox, etc., face the loss of all Europe as a market. Congress *will* be forced by their lobbying power to extend privacy protections to "non-U.S. persons."  Thank you again, Edward Snowden.
Paul Merrell

U.S. knocks plans for European communication network | Reuters - 0 views

  • The United States on Friday criticized proposals to build a European communication network to avoid emails and other data passing through the United States, warning that such rules could breach international trade laws. In its annual review of telecommunications trade barriers, the office of the U.S. Trade Representative said impediments to cross-border data flows were a serious and growing concern.It was closely watching new laws in Turkey that led to the blocking of websites and restrictions on personal data, as well as calls in Europe for a local communications network following revelations last year about U.S. digital eavesdropping and surveillance."Recent proposals from countries within the European Union to create a Europe-only electronic network (dubbed a 'Schengen cloud' by advocates) or to create national-only electronic networks could potentially lead to effective exclusion or discrimination against foreign service suppliers that are directly offering network services, or dependent on them," the USTR said in the report.
  • Germany and France have been discussing ways to build a European network to keep data secure after the U.S. spying scandal. Even German Chancellor Angela Merkel's cell phone was reportedly monitored by American spies.The USTR said proposals by Germany's state-backed Deutsche Telekom to bypass the United States were "draconian" and likely aimed at giving European companies an advantage over their U.S. counterparts.Deutsche Telekom has suggested laws to stop data traveling within continental Europe being routed via Asia or the United States and scrapping the Safe Harbor agreement that allows U.S. companies with European-level privacy standards access to European data. (www.telekom.com/dataprotection)"Any mandatory intra-EU routing may raise questions with respect to compliance with the EU's trade obligations with respect to Internet-enabled services," the USTR said. "Accordingly, USTR will be carefully monitoring the development of any such proposals."
  • U.S. tech companies, the leaders in an e-commerce marketplace estimated to be worth up to $8 trillion a year, have urged the White House to undertake reforms to calm privacy concerns and fend off digital protectionism.
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    High comedy from the office of the U.S. Trade Representative. The USTR's press release is here along with a link to its report. http://www.ustr.gov/about-us/press-office/press-releases/2014/March/USTR-Targets-Telecommunications-Trade-Barriers The USTR is upset because the E.U. is aiming to build a digital communications network that does not route internal digital traffic outside the E.U., to limit the NSA's ability to surveil Europeans' communications. Part of the plan is to build an E.U.-centric cloud that is not susceptible to U.S. court orders. This plan does not, of course, sit well with U.S.-based cloud service providers.  Where the comedy comes in is that the USTR is making threats to go to the World Trade organization to block the E.U. move under the authority of the General Agreement on Trade in Services (GATS). But that treaty provides, in article XIV, that:  "Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where like conditions prevail, or a disguised restriction on trade in services, nothing in this Agreement shall be construed to prevent the adoption or enforcement by any Member of measures: ... (c)      necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Agreement including those relating to:   ... (ii)     the protection of the privacy of individuals in relation to the processing and dissemination of personal data and the protection of confidentiality of individual records and accounts[.]" http://www.wto.org/english/docs_e/legal_e/26-gats_01_e.htm#articleXIV   The E.U., in its Treaty on Human Rights, has very strong privacy protections for digital communications. The USTR undoubtedly knows all this, and that the WTO Appellate Panel's judges are of the European mold, sticklers for protection of human rights and most likely do not appreciate being subjects o
Paul Merrell

Gazprom to Lose $3 Billion if EU Sells Gas Back to Ukraine | News | The Moscow Times - 0 views

  • Gazprom would lose nearly $3 billion in 2016 if the EU accepts a Ukrainian proposal to begin large-scale reverse gas flows through Slovakia to Ukraine, a UralSib report said Thursday. In late April, Ukraine and Slovakia signed a reverse flow agreement that would make use of an old, unused pipeline to begin exporting 2 billion cubic meters, or bcm, to Kiev in October. Exports to Ukraine along this pipeline would rise to 8 bcm by early 2015. According to a Kommersant report, Ukrainian energy officials recently forwarded a plan before the EU Commission that would allow Ukraine to increase reverse flows via Slovakia to 30 bcm. Uralsib estimates that Gazprom's 2016 EBITDA — or earnings before interest, taxes, depreciation and amortization — would fall by $3 billion, or 6 percent, in 2016 if Ukraine and the EU agreed to the tactic. Gazprom would end up selling higher volumes of gas to the EU, where prices range from $360 to $380 per thousand cubic meters and gas is subject to a 30 percent export duty, rather than Ukraine's price of $385, where there is no export duty and transportation costs are lower. Ukraine would be able to take advantage of low EU gas demand during the summer to fill its 30 bcm underground storage facilities, thereby replacing the 28 bcm it imports from Gazprom each year, the report found.
  • EU Energy Commission GЯnther Oettinger has said that such a large-scale reversal would be in direct violation of an agreement between Slovakia's Eustream and Gazprom Export. Ukraine, however, insists that the reverse flow is ensured by the EU's Third Energy Package — which, among other things, stipulates equal access to pipelines for gas suppliers. On Tuesday, Gazprom finalized a deal to build the Austrian branch of the massive South Stream gas pipeline, which, if completed, will allow Russian gas deliveries to Europe to bypass Ukraine altogether.
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    Left unsaid in this Moscow TImes article: if the E.U. did as requested by the Ukraine coup government, Russia has the ability to cut off its gas supply to the E.U., which accounts for some 30% of the E.U. gas supply. With the business community in the E.U.already upset with sanctions on Russia that are cutting into exports from the E.U. to Russia, I'll be surprised if this proposal has wings, unless the U.S. pushes it.  
Paul Merrell

E.U. Official Pushes U.S. to Explain Its Surveillance - NYTimes.com - 0 views

  • BRUSSELS — Amid a growing outcry over American snooping on foreigners that threatens to cloud European-U.S. trade talks and President Barack Obama’s visit to Berlin, the European Union’s top justice official has demanded in unusually sharp terms that the United States reveal what its intelligence is doing with personal information of Europeans gathered under the Prism surveillance program revealed last week.
  • Viviane Reding, the Union’s combative commissioner of justice, told Attorney General Eric Holder in a letter sent on Monday evening that individual citizens of European countries had the right to know whether their personal information had been part of intelligence gathering “on a large scale.” In the letter, seen Tuesday by the International Herald Tribune, she also asked what avenues were available to Europeans to find out whether they had been spied on, and whether they would be treated similarly to U.S. citizens in such cases. “Given the gravity of the situation and the serious concerns expressed in public opinion on this side of the Atlantic, you will understand that I will expect swift and concrete answers,” Mrs. Reding wrote.
  • Speaking for a continent where snooping carries ghastly echoes of fascist or communist regimes, Mrs. Reding challenged Mr. Holder to answer a list of detailed questions by Friday, when they are expected to speak face-to-face in Dublin at a ministerial meeting scheduled before the Prism spy operation came to light. In Berlin, where Mr. Obama will speak next week before the Brandenburg Gate, privacy is a highly sensitive political issue and the Prism revelations have stirred a furor. “You can be sure that this will be one of the things the chancellor addresses when President Obama is in Germany,” said Steffen Seibert, spokesman for Angela Merkel, who grew up in the former Communist East.
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  • Mrs. Reding — who has irked U.S. authorities in the past by threatening companies like Google for overstepping E.U. privacy standards — suggested Mr. Holder’s responses could shape the outcome of important trans-Atlantic initiatives like trade talks. Europe has been a frequent critic of the United States in recent years for jeopardizing individual liberties by filtering vast volumes of information on European bank transfers and in airline passenger records to fight terror plots. Mrs. Reding’s letter is another sign that the growth of government surveillance that began under the Bush administration after Sept. 11, 2001, and has expanded under the Obama administration, continues to touch raw nerves far beyond the United States.
  • The revelations have prompted members of the European Parliament, a directly elected body of representatives from across the Union that meets in Brussels and Strasbourg, to demand that data protection be included in upcoming U.S.-European talks on a long sought trade pact. Any “trade pact will have to fully ensure the highest standards of data privacy for all citizens,” and an ongoing reform of Europe’s data protection law “must guarantee these standards for E.U. citizens when using U.S.-based Internet companies,” Hannes Swoboda, an Austrian member of the parliament who is president of the Socialists & Democrats group, said in a statement on Tuesday. “It is no good the E.U. having strict regulation on data protection if those standards are not guaranteed when using U.S.-based Internet companies,” he said.
  • The talks are expected to be conducted by Mrs. Reding's colleague, Karel De Gucht, the E.U. trade commissioner — but the Parliament would have a final say over any such deal under its right, in force since 2009, to veto treaties with third countries. In the strongest demonstration against U.S. policy, the Parliament in 2010 blocked an agreement allowing U.S. authorities access to European banking data from a cooperative responsible for routing trillions of dollars daily among banks, brokerage houses, stock exchanges and other institutions.
  • In a thinly veiled warning to Mr. Holder about the trade pact, Ms. Reding said relations between the United States and Europe could be undermined by concerns about privacy, which many in Europe regard as an inviolable right. In her letter, Mrs. Reding said she “is accountable before the European Parliament, which is likely to assess the overall trans-Atlantic relationship also in the light of your responses.” In nine detailed questions, Ms. Reding asked Mr. Holder how much data-sifting the United States is conducting, whether those activities target individuals, and whether the surveillance involves issues beyond national security. Mrs. Reding also pushed Mr. Holder to tell her “what avenues” are available to citizens of countries in the European Union to obtain information about whether their personal information has been examined under the Prism program and other programs, and whether Europeans have similar access to that information as Americans.
  • For Mrs. Reding, the chance to push back against Washington is a welcome opportunity. Two years ago, she was forced to soften her initial proposals for data privacy rules in order to accommodate U.S. intelligence gathering. That followed intense pressure on the European Commission, the E.U.’s governing body, from the Obama administration.
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    Article includes more detail on individual EU nations' objections, Germany, Ireland, and Italy.  
Paul Merrell

Snooper's charter has practically zero chance of becoming law, say senior MPs | UK news... - 0 views

  • The chances of Theresa May reintroducing her "snooper's charter" communications data bill are practically zero in the wake of the Guardian's disclosures on the scale of internet surveillance, leading Tory and Labour civil liberties campaigners have said.David Davis, a former contender for Conservative leadership, and Tom Watson, the Labour deputy chair, both said on Thursday they felt there had been a change in the atmosphere at Westminster compared with the "great rush" to legislate in the immediate aftermath of the Woolwich murder of Drummer Lee Rigby.Both MPs said the disclosure of the mass harvesting of personal communications, including internet data, by the American National Security Agency and Britain's eavesdropping agency, GCHQ, had shown that the existing UK regulatory framework was completely ineffective.Davis said in particular that GCHQ's Tempora operation, which harvests global phone and internet traffic by tapping into the transatlantic fibre-optic cables, had "put up a big red flag" indicating it was time to think again from scratch about the legal oversight arrangements.
  • He said it was necessary to look at ways of rewriting the Regulation of Investigatory Powers Act 2000, which sets out the legal oversight arrangements for the interception and surveillance of communications.But the former shadow home secretary and staunch Eurosceptic also praised the efforts of Viviane Reding, the EU commissioner for justice, who wrote to the foreign secretary, William Hague, on Wednesday giving him until the end of the week to answer the charge that the fundamental rights of citizens across Europe were being flouted."I hope that Viviane Reding keeps up the pressure. This is the only time you will hear me say that the European Union might be the answer," said Davis.Watson said he shared Davis's analysis of the poor prospects for the reintroduction of May's communications data bill, which would require internet and phone companies to store for up to 12 months data tracking everyone's use of email, phone and internet.
  • The meeting heard from surveillance experts Casper Bowden, a former chief privacy adviser to Microsoft, and solicitor/advocate, Simon McKay. Bowden said a huge debt was owed to Snowden, who had made the most important disclosures about surveillance for more than 25 years.He said the disclosures had serious implications for the corporate and individual stampede towards the use of "cloud computing" storage, much of which was housed in the US. He said that there was a real danger now that Britain would be left in an exposed position, with the rest of Europe not willing to allow their data to be stored through the UK. "Keep your cloudbase close and local and keep it in your jurisdiction," he said, adding that encryption was very limited as a defence.Bowden, who has worked as an adviser to the EU on its new data protection directive, which has yet to come into force principally because of British opposition, said he had secured an amendment giving protection for whistleblowers.He had also argued for a warning "pop-up" to be required when data was being transferred outside the EU's borders.
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    Finally, acknowledgement that the growth of the cloud computing industry will likely be affected greatly by disclosures of widespread US and UK storage and surveillance of digital data. But will this be enough to turn cloud computing companies into staunch advocates of reining in the NSA and GCHQ? Note that the emerging E.U. position creates an economic advantage for cloud computing companies with their server farms located in the E.U. (likely excluding the UK). 
Paul Merrell

Turkish PM replaces 10 ministers amid graft inquiry | Reuters - 0 views

  • (Reuters) - Turkey's Prime Minister Tayyip Erdogan said he replaced ten cabinet ministers, half of his total roster, after three ministers resigned over a high-level graft inquiry on Wednesday. The replaced ministers included EU Minister Egemen Bagis, who was allegedly named in the corruption probe but had not resigned yet, and key positions such as the Economy and justice ministers.
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    It appears that a large-scale purge is under way in NATO member and E.U. candidate nation Turkey, ostensibly based on corruption and graft charges. Score card so far: ten cabinet ministers fired, three more resigned. More than 500 police officers in the Istanbul area have been fired. http://www.todayszaman.com/news-334870-400-more-police-officers-in-istanbul-removed-from-duty.html The purge of police appears to be largely aimed at upper ranks. More than 110 police chiefs have lost their posts and journalists are in an uproar because of a new directive " banning journalists from entering police department buildings." It appears that a large-scale purge is under way in NATO member and E.U. candidate nation Turkey, ostensibly based on corruption and graft charges. Score card so far: ten cabinet ministers fired, three more resigned. More than 500 police officers in the Istanbul area have been fired. http://www.todayszaman.com/news-334870-400-more-police-officers-in-istanbul-removed-from-duty.html The purge of police appears to be largely aimed at upper ranks. More than 110 police chiefs have lost their posts and journalists are in an uproar because of a new directive " banning journalists from entering police department buildings." It appears that a large-scale purge is under way in NATO member and E.U. candidate nation Turkey, ostensibly based on corruption and graft charges. Score card so far: ten cabinet ministers fired, three more resigned. More than 500 police officers in the Istanbul area have been fired. http://www.todayszaman.com/news-334870-400-more-police-officers-in-istanbul-removed-from-duty.html The purge of police appears to be largely aimed at upper ranks. More than 110 police chiefs have lost their posts and journalists are in an uproar because of a new directive " banning journalists from
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    "The United States has demanded the Turkish government condemn false news reports about US Ambassador Francis J. Ricciardone and urged Ankara to protect the strong partnership between the two countries, a Turkish daily reported on Tuesday. Jen Psaki, US State Department Spokesperson, said in a press conference that the ongoing false allegations against US ambassador is disturbing. "On Saturday, several pro-government newspapers accused the US ambassador of being behind a recent wave of arrests as part of the corruption investigation. Pro-government Yeni Şafak wrote on its front page: "Get out of this country," a headline that was apparently directed at the US ambassador. "The US Embassy denied the accusations as "lies and slander." It said through Twitter in Turkish: "No one should jeopardize Turkish-US relations through baseless claims." http://www.todayszaman.com/newsDetail_getNewsById.action;jsessionid=1F7B777659D734167420623A648E1335?newsId=334788&columnistId=0
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    Another reaction came from the Contemporary Journalists Association (ÇGD) on Tuesday. The president of the ÇGD's western Central Anatolia branch, Can Hacıoğlu, said the decisions to ban journalists from entering police departments and the closure of press rooms at those departments are unacceptable. He added that the fact that police departments prefer censorship in a period when Turkey has been discussing opening press agencies at police departments and prosecutor's offices as part of the EU harmonization process is very challenging. "We journalists find this situation very odd," Hacıoğlu said. Hacıoğlu also harshly criticized Turkish Airlines (THY) for stopping the distribution of the Zaman, Today's Zaman, Bugün and Ortadoğu dailies to business class passengers on its planes on Monday without providing any explanation, though other dailies are still being handed out onboard. "Hacıoğlu accused THY of discriminating against the dailies for their coverage of the major corruption scandal involving numerous bureaucrats and the sons of three ministers." "Access to Taraf journalist Mehmet Baransu's website was blocked to users in Turkey by the Telecommunications Directorate (TİB) as of Wednesday evening for publishing photos and tapes about the recent graft investigation. The website, yenidönem.com, is still blocked." http://www.todayszaman.com/newsDetail_getNewsById.action;jsessionid=1F7B777659D734167420623A648E1335?newsId=334831&columnistId=0
Paul Merrell

BDS SOUTH AFRICA: ISRAEL INCHES CLOSER TO 'TIPPING POINT' OF SOUTH AFRICA-STYLE BOYCOTT... - 0 views

  • Analogies with apartheid regime in the wake of Mandela’s death could accelerate efforts to ostracize Israel. This has happened in recent days: The Dutch water company Vitens severed its ties with Israeli counterpart Mekorot; Canada’s largest Protestant church decided to boycott three Israeli companies; the Romanian government refused to send any more construction workers; and American Studies Association academics are voting on a measure to sever links with Israeli universities. Coming so shortly after the Israeli government effectively succumbed to a boycott of settlements in order to be eligible for the EU’s Horizon 2020 scientific cooperation agreement, it is hard to avoid the conclusion that the BDS (Boycott, Divestment and Sanctions) movement is picking up speed. And the writing on the wall, if anyone missed it, only got clearer and sharper in the wake of the death of Nelson Mandela.
  • When the United Nations passed its first non-binding resolution calling for a boycott of South Africa in 1962, it was staunchly opposed by a bloc of Western countries, led by Britain and the United States. But the grassroots campaign that had started with academic boycotts in the late 1950s gradually moved on to sports and entertainment and went on from there to institutional boycotts and divestment. Along the way, the anti-apartheid movement swept up larger and larger swaths of Western public opinion, eventually forcing even the most reluctant of governments, including Israel and the U.S., to join the international sanctions regime. 
  • We’re really great at knowing where thresholds are after we fall off the cliff, but that’s not very helpful,” as lake ecologist and “tipping point” researcher Stephen Carpenter told USA today in 2009.  Israel could very well be approaching such a threshold. Among the many developments that could be creating the required critical mass one can cite the passage of time since the Twin Towers attacks in September 2001, which placed Israel in the same camp as the U.S. and the West in the War on Terror; Israel’s isolation in the campaign against Iran’s nuclear programs; the disappearance of repelling archenemies such as Osama bin Laden, Muammar Gadhafi, Mahmoud Ahmadinejad and, to a lesser degree, Yasser Arafat; the relative security and lack of terror inside Israel coupled with its own persistent settlement drive; and the negative publicity generated by revelations of racism in Israeli society, the image of its rulers as increasingly rigid and right wing and the government’s own confrontations with illegal African immigrants and Israeli Bedouin, widely perceived as being tinged with bias and prejudice.  In recent days, American statesmen seem to be more alarmed about the looming danger of delegitimization than Israelis are. In remarks to both the Saban Forum and the American Joint Distribution Committee this week, Secretary of State John Kerry described delegitimization as “an existential danger." Vice President Joe Biden, speaking to the same JDC forum, went one step further: “The wholesale effort to delegitimize Israel is the most concentrated that I have seen in the 40 years I have served. It is the most serious threat in my view to Israel’s long-term security and viability.” 
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  • One must always take into account the possibility of unforeseen developments that will turn things completely around. Barring that, the only thing that may be keeping Israel from crossing the threshold and “going over the cliff” in the international arena is Kerry’s much-maligned peace process, which is holding public opinion and foreign governments at bay and preventing a “tipping point” that would dramatically escalate the anti-Israeli boycott campaign.  Which only strengthens Jeffrey Goldberg’s argument in a Bloomberg article on Wednesday that Kerry is “Israel’s best friend." It also highlights, once again, how narrow-minded, shortsighted and dangerously delusional Kerry’s critics, peace process opponents and settlement champions really are (though you can rest assured that if and when the peace process collapses and Israel is plunged into South African isolation, they will be pointing their fingers in every direction but themselves.
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    Note that this article's original is behind a paywall in Haaretz, one of Israel's market-leading newspapers.  There can be no questioning of the facts that: [i] the Palestinian Boycott, Divesment, and Sanctions ("BDS") movement is rapidly gaining strength globally; and [ii] that factor weighs heavily in the negotiations between Israel and Palestine for a two-state solution. Although not bluntly stated, the BSD movement's path runs directly to a single-state solution that would sweep Israel's present right-wing government from power and result in a secular state rather than a "Jewish state." And the E.U., Israel's largest export market, has promised to go even farther in sanctioning Israel than the considerable distance it has already gone if the negotiations do not result in a two state solution. Labeling all products produced wholly or in part in Israel-occupied Palestine territory is among the mildest of sanctions under discussion, a measure already adopted in two E.U. nations. The BSD Movement's success has also been marked by Israel attaining the pariah state status previously experienced by South Africa. Only the U.S., Canada, and a half-dozen or so tiny island nations closely aligned with the U.S. still vote in favor of Israel at the U.N. For example, the vote on granting Palestine U.N. observer state status was 138-9, with 41 abstentions.  The prospect of an end to the non-secular Jewish state has enormous ramifications for U.S. foreign policy, not the least of which is the influence of the Israel lobby in the U.S. that has thus far led the U.S. to three Treasury-draining wars in Southwest Asia and Northern Africa and host of minor military actions in other area nations, as well as a near-war in Syria, averted mainly via Russian diplomacy that outfoxed Secretary of State John Kerry. Time will tell whether the diplomatic outreach by Iran will succeed in averting war with the greatest military power remaining in the Mideast after Israel itself. "Protectin
Paul Merrell

400 Blackwater Mercs Deployed In Ukraine Against Separatists, German Press Reports | Ze... - 0 views

  • In what is becoming a weekly ritual, the German press continues to demolish the US case of "idealistic humaniatrian" Ukraine intervention. Recall, that it was a week ago that German tabloid Bild am Sonntag, hardly the most reputable source but certainly one which reaches the broadest audience, reported that dozens of CIA and FBI agents were "advising the Ukraine government." This conclusion is hardly a stretch and certainly based on facts considering the recent semi-secret jaunt by CIA head Brennan to Kiev. Fast forward one week when overnight the same Bild reported that about 400 elite mercenary commandos of the private US security firm, Academi, f/k/a Xe Services, f/k/a Blackwater "are involved in a punitive operation mounted by Ukraine's new government" against east Ukraine separatists.
  • Bild cites sources who report that on April 29, Germany's Federal Intelligence Service (BND) informed the Angela Merkel government about Academi commandos' involvement in Kiev's military operations in eastern Ukraine. Spiegel adds that "the information originates from U.S. intelligence services and was presented during a meeting chaired by the Chancellor's Office chief Peter Altmaier (CDU). At the meeting were present the president of the intelligence agencies and the Federal Criminal Office, as well as the intelligence coordinator of the Chancellor's Office and senior Ministry officials." Bild am Sontag did not have information about who was paying the Blackwater commandos: it is well-known they do not come cheap.
  • Of course, since no western entity, and certainly not the company itself, would ever admit its involvement in the Ukraine as it would promptly crash the official US foreign policy track claiming US non-involvement in Ukraine, none of this is surprising.
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  • Finally, in this proxy war between west and east, to believe that the US won't throw everything it can at Putin is naive, and as such the involvement of trained US mercenaries in Ukraine is beyond debate. However what is certainly surprising and far more interesting, is the persistent attempts by the German press to discredit none other than their biggest "Developed world" ally, the US. It is almost as if someone (a quite wealthy and powerful someone) has material interests that diverge with those of the Obama administration, and hence converge with those of Putin. Alongside the emerging China-Russia axis, keeping tabs on just how close to Russia Germany is willing to get, is easily the most notable story in the entire Ukraine conflict.
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    Don't miss the last paragraph. Tyler has a whiff of big money driving Germany toward maintenance of the Russo-Germanic energy alliance. The U.S. has no natural gas to deliver to Europe in the next few years and even when it does, it will be very spendy to liquify and transport it by ship. It's the U.S. government that wants to block emergence of a unified Eurasian market, not the E.U. And the U.S. is a declining market, as China's economy eclipses that of the U.S. I'm not predicting that Germany will defect from NATO in the foreseeable future, but Obama is definitely riding roughshod over the E.U. in his Ukraine strategy during the Great Recession with no resurrection of the dollar's value in sight. The ties that bind NATO together are mightily stretched at this point.   
Paul Merrell

CURIA - Documents - 0 views

  • 37      It must be stated that the interference caused by Directive 2006/24 with the fundamental rights laid down in Articles 7 and 8 of the Charter is, as the Advocate General has also pointed out, in particular, in paragraphs 77 and 80 of his Opinion, wide-ranging, and it must be considered to be particularly serious. Furthermore, as the Advocate General has pointed out in paragraphs 52 and 72 of his Opinion, the fact that data are retained and subsequently used without the subscriber or registered user being informed is likely to generate in the minds of the persons concerned the feeling that their private lives are the subject of constant surveillance.
  • 43      In this respect, it is apparent from recital 7 in the preamble to Directive 2006/24 that, because of the significant growth in the possibilities afforded by electronic communications, the Justice and Home Affairs Council of 19 December 2002 concluded that data relating to the use of electronic communications are particularly important and therefore a valuable tool in the prevention of offences and the fight against crime, in particular organised crime. 44      It must therefore be held that the retention of data for the purpose of allowing the competent national authorities to have possible access to those data, as required by Directive 2006/24, genuinely satisfies an objective of general interest.45      In those circumstances, it is necessary to verify the proportionality of the interference found to exist.46      In that regard, according to the settled case-law of the Court, the principle of proportionality requires that acts of the EU institutions be appropriate for attaining the legitimate objectives pursued by the legislation at issue and do not exceed the limits of what is appropriate and necessary in order to achieve those objectives (see, to that effect, Case C‑343/09 Afton Chemical EU:C:2010:419, paragraph 45; Volker und Markus Schecke and Eifert EU:C:2010:662, paragraph 74; Cases C‑581/10 and C‑629/10 Nelson and Others EU:C:2012:657, paragraph 71; Case C‑283/11 Sky Österreich EU:C:2013:28, paragraph 50; and Case C‑101/12 Schaible EU:C:2013:661, paragraph 29).
  • 67      Article 7 of Directive 2006/24, read in conjunction with Article 4(1) of Directive 2002/58 and the second subparagraph of Article 17(1) of Directive 95/46, does not ensure that a particularly high level of protection and security is applied by those providers by means of technical and organisational measures, but permits those providers in particular to have regard to economic considerations when determining the level of security which they apply, as regards the costs of implementing security measures. In particular, Directive 2006/24 does not ensure the irreversible destruction of the data at the end of the data retention period.68      In the second place, it should be added that that directive does not require the data in question to be retained within the European Union, with the result that it cannot be held that the control, explicitly required by Article 8(3) of the Charter, by an independent authority of compliance with the requirements of protection and security, as referred to in the two previous paragraphs, is fully ensured. Such a control, carried out on the basis of EU law, is an essential component of the protection of individuals with regard to the processing of personal data (see, to that effect, Case C‑614/10 Commission v Austria EU:C:2012:631, paragraph 37).69      Having regard to all the foregoing considerations, it must be held that, by adopting Directive 2006/24, the EU legislature has exceeded the limits imposed by compliance with the principle of proportionality in the light of Articles 7, 8 and 52(1) of the Charter.
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  • 58      Directive 2006/24 affects, in a comprehensive manner, all persons using electronic communications services, but without the persons whose data are retained being, even indirectly, in a situation which is liable to give rise to criminal prosecutions. It therefore applies even to persons for whom there is no evidence capable of suggesting that their conduct might have a link, even an indirect or remote one, with serious crime. Furthermore, it does not provide for any exception, with the result that it applies even to persons whose communications are subject, according to rules of national law, to the obligation of professional secrecy. 59      Moreover, whilst seeking to contribute to the fight against serious crime, Directive 2006/24 does not require any relationship between the data whose retention is provided for and a threat to public security and, in particular, it is not restricted to a retention in relation (i) to data pertaining to a particular time period and/or a particular geographical zone and/or to a circle of particular persons likely to be involved, in one way or another, in a serious crime, or (ii) to persons who could, for other reasons, contribute, by the retention of their data, to the prevention, detection or prosecution of serious offences.
  • 1        These requests for a preliminary ruling concern the validity of Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC (OJ 2006 L 105, p. 54).
  • Digital Rights Ireland Ltd (C‑293/12)vMinister for Communications, Marine and Natural Resources,Minister for Justice, Equality and Law Reform,Commissioner of the Garda Síochána,Ireland,The Attorney General,intervener:Irish Human Rights Commission, andKärntner Landesregierung (C‑594/12),Michael Seitlinger,Christof Tschohl and others,
  • 65      It follows from the above that Directive 2006/24 does not lay down clear and precise rules governing the extent of the interference with the fundamental rights enshrined in Articles 7 and 8 of the Charter. It must therefore be held that Directive 2006/24 entails a wide-ranging and particularly serious interference with those fundamental rights in the legal order of the EU, without such an interference being precisely circumscribed by provisions to ensure that it is actually limited to what is strictly necessary.66      Moreover, as far as concerns the rules relating to the security and protection of data retained by providers of publicly available electronic communications services or of public communications networks, it must be held that Directive 2006/24 does not provide for sufficient safeguards, as required by Article 8 of the Charter, to ensure effective protection of the data retained against the risk of abuse and against any unlawful access and use of that data. In the first place, Article 7 of Directive 2006/24 does not lay down rules which are specific and adapted to (i) the vast quantity of data whose retention is required by that directive, (ii) the sensitive nature of that data and (iii) the risk of unlawful access to that data, rules which would serve, in particular, to govern the protection and security of the data in question in a clear and strict manner in order to ensure their full integrity and confidentiality. Furthermore, a specific obligation on Member States to establish such rules has also not been laid down.
  • 34      As a result, the obligation imposed by Articles 3 and 6 of Directive 2006/24 on providers of publicly available electronic communications services or of public communications networks to retain, for a certain period, data relating to a person’s private life and to his communications, such as those referred to in Article 5 of the directive, constitutes in itself an interference with the rights guaranteed by Article 7 of the Charter. 35      Furthermore, the access of the competent national authorities to the data constitutes a further interference with that fundamental right (see, as regards Article 8 of the ECHR, Eur. Court H.R., Leander v. Sweden, 26 March 1987, § 48, Series A no 116; Rotaru v. Romania [GC], no. 28341/95, § 46, ECHR 2000-V; and Weber and Saravia v. Germany (dec.), no. 54934/00, § 79, ECHR 2006-XI). Accordingly, Articles 4 and 8 of Directive 2006/24 laying down rules relating to the access of the competent national authorities to the data also constitute an interference with the rights guaranteed by Article 7 of the Charter. 36      Likewise, Directive 2006/24 constitutes an interference with the fundamental right to the protection of personal data guaranteed by Article 8 of the Charter because it provides for the processing of personal data.
  • JUDGMENT OF THE COURT (Grand Chamber)8 April 2014 (*)(Electronic communications — Directive 2006/24/EC — Publicly available electronic communications services or public communications networks services — Retention of data generated or processed in connection with the provision of such services — Validity — Articles 7, 8 and 11 of the Charter of Fundamental Rights of the European Union)In Joined Cases C‑293/12 and C‑594/12,
  • 60      Secondly, not only is there a general absence of limits in Directive 2006/24 but Directive 2006/24 also fails to lay down any objective criterion by which to determine the limits of the access of the competent national authorities to the data and their subsequent use for the purposes of prevention, detection or criminal prosecutions concerning offences that, in view of the extent and seriousness of the interference with the fundamental rights enshrined in Articles 7 and 8 of the Charter, may be considered to be sufficiently serious to justify such an interference. On the contrary, Directive 2006/24 simply refers, in Article 1(1), in a general manner to serious crime, as defined by each Member State in its national law.61      Furthermore, Directive 2006/24 does not contain substantive and procedural conditions relating to the access of the competent national authorities to the data and to their subsequent use. Article 4 of the directive, which governs the access of those authorities to the data retained, does not expressly provide that that access and the subsequent use of the data in question must be strictly restricted to the purpose of preventing and detecting precisely defined serious offences or of conducting criminal prosecutions relating thereto; it merely provides that each Member State is to define the procedures to be followed and the conditions to be fulfilled in order to gain access to the retained data in accordance with necessity and proportionality requirements.
  • 55      The need for such safeguards is all the greater where, as laid down in Directive 2006/24, personal data are subjected to automatic processing and where there is a significant risk of unlawful access to those data (see, by analogy, as regards Article 8 of the ECHR, S. and Marper v. the United Kingdom, § 103, and M. K. v. France, 18 April 2013, no. 19522/09, § 35).56      As for the question of whether the interference caused by Directive 2006/24 is limited to what is strictly necessary, it should be observed that, in accordance with Article 3 read in conjunction with Article 5(1) of that directive, the directive requires the retention of all traffic data concerning fixed telephony, mobile telephony, Internet access, Internet e-mail and Internet telephony. It therefore applies to all means of electronic communication, the use of which is very widespread and of growing importance in people’s everyday lives. Furthermore, in accordance with Article 3 of Directive 2006/24, the directive covers all subscribers and registered users. It therefore entails an interference with the fundamental rights of practically the entire European population. 57      In this respect, it must be noted, first, that Directive 2006/24 covers, in a generalised manner, all persons and all means of electronic communication as well as all traffic data without any differentiation, limitation or exception being made in the light of the objective of fighting against serious crime.
  • 62      In particular, Directive 2006/24 does not lay down any objective criterion by which the number of persons authorised to access and subsequently use the data retained is limited to what is strictly necessary in the light of the objective pursued. Above all, the access by the competent national authorities to the data retained is not made dependent on a prior review carried out by a court or by an independent administrative body whose decision seeks to limit access to the data and their use to what is strictly necessary for the purpose of attaining the objective pursued and which intervenes following a reasoned request of those authorities submitted within the framework of procedures of prevention, detection or criminal prosecutions. Nor does it lay down a specific obligation on Member States designed to establish such limits. 63      Thirdly, so far as concerns the data retention period, Article 6 of Directive 2006/24 requires that those data be retained for a period of at least six months, without any distinction being made between the categories of data set out in Article 5 of that directive on the basis of their possible usefulness for the purposes of the objective pursued or according to the persons concerned.64      Furthermore, that period is set at between a minimum of 6 months and a maximum of 24 months, but it is not stated that the determination of the period of retention must be based on objective criteria in order to ensure that it is limited to what is strictly necessary.
  • 52      So far as concerns the right to respect for private life, the protection of that fundamental right requires, according to the Court’s settled case-law, in any event, that derogations and limitations in relation to the protection of personal data must apply only in so far as is strictly necessary (Case C‑473/12 IPI EU:C:2013:715, paragraph 39 and the case-law cited).53      In that regard, it should be noted that the protection of personal data resulting from the explicit obligation laid down in Article 8(1) of the Charter is especially important for the right to respect for private life enshrined in Article 7 of the Charter.54      Consequently, the EU legislation in question must lay down clear and precise rules governing the scope and application of the measure in question and imposing minimum safeguards so that the persons whose data have been retained have sufficient guarantees to effectively protect their personal data against the risk of abuse and against any unlawful access and use of that data (see, by analogy, as regards Article 8 of the ECHR, Eur. Court H.R., Liberty and Others v. the United Kingdom, 1 July 2008, no. 58243/00, § 62 and 63; Rotaru v. Romania, § 57 to 59, and S. and Marper v. the United Kingdom, § 99).
  • 26      In that regard, it should be observed that the data which providers of publicly available electronic communications services or of public communications networks must retain, pursuant to Articles 3 and 5 of Directive 2006/24, include data necessary to trace and identify the source of a communication and its destination, to identify the date, time, duration and type of a communication, to identify users’ communication equipment, and to identify the location of mobile communication equipment, data which consist, inter alia, of the name and address of the subscriber or registered user, the calling telephone number, the number called and an IP address for Internet services. Those data make it possible, in particular, to know the identity of the person with whom a subscriber or registered user has communicated and by what means, and to identify the time of the communication as well as the place from which that communication took place. They also make it possible to know the frequency of the communications of the subscriber or registered user with certain persons during a given period. 27      Those data, taken as a whole, may allow very precise conclusions to be drawn concerning the private lives of the persons whose data has been retained, such as the habits of everyday life, permanent or temporary places of residence, daily or other movements, the activities carried out, the social relationships of those persons and the social environments frequented by them.
  • 32      By requiring the retention of the data listed in Article 5(1) of Directive 2006/24 and by allowing the competent national authorities to access those data, Directive 2006/24, as the Advocate General has pointed out, in particular, in paragraphs 39 and 40 of his Opinion, derogates from the system of protection of the right to privacy established by Directives 95/46 and 2002/58 with regard to the processing of personal data in the electronic communications sector, directives which provided for the confidentiality of communications and of traffic data as well as the obligation to erase or make those data anonymous where they are no longer needed for the purpose of the transmission of a communication, unless they are necessary for billing purposes and only for as long as so necessary.
  • On those grounds, the Court (Grand Chamber) hereby rules:Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC is invalid.
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    EU Court of Justice decision in regard to a Directive that required communications data retention by telcos/ISPs, finding the Directive invalid as a violation of the right of privacy in communications. Fairly read, paragraph 59 outlaws bulk collection of such records, i.e., it requires the equivalent of a judge-issued search warrant in the U.S. based on probable cause to believe that the particular individual's communications are a legitimate object of a search.  Note also that paragraph 67 effectively forbids transfer of any retained data outside the E.U. So a barrier for NSA sharing of data with GCHQ derived from communications NSA collects from EU communications traffic. Bye-bye, Big Data for GCHQ in the E.U. 
Paul Merrell

Report: Russia to send marines to Syria - Yahoo! News - 0 views

  • Two Russian navy ships are completing preparations to sail to Syria with a unit of marines on a mission to protect Russian citizens and the nation's base there, a news report said Monday. The deployment appears to reflect Moscow's growing concern about Syrian President Bashar Assad's future.
  • The Interfax news agency quoted an unidentified Russian navy official as saying that the two amphibious landing vessels, Nikolai Filchenkov and Caesar Kunikov, will be heading shortly to the Syrian port of Tartus, but didn't give a precise date.
  • Each ship is capable of carrying up to 300 marines and a dozen tanks, according to Russian media reports. That would make it the largest known Russian troop deployment to Syria, signaling that Moscow is becoming increasingly uneasy about Syria's slide toward civil war. Interfax also quoted a deputy Russian air force chief as saying that Russia will give the necessary protection to its citizens in Syria. "We must protect our citizens," Maj.-Gen. Vladimir Gradusov was quoted as saying. "We won't abandon the Russians and will evacuate them from the conflict zone, if necessary." Asked whether the air force would provide air support for the navy squadron, Gradusov said they will act on orders.
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  • Asked if the Pentagon is concerned about the plan, officials in Washington said it depends on the mission. They had no comment on the stated goal of protecting Russian citizens and the Russian military position there, something the U.S. would do in a foreign country if in a similar situation. "I think we'd leave it to the Russian Ministry of Defense to speak to their naval movements and their national security decision-making process," said Capt. John Kirby, a Pentagon spokesman, adding that it's not the business of the U.S. Defense Department to "endorse or disapprove of an internal mission like that."
  • What would greatly concern the U.S., he said, is if the Russian naval ships were taking weapons or sending people to support the Assad regime in its crackdown. "The secretary of defense (Leon Panetta) remains concerned about any efforts by external countries or external organizations to supply lethal arms to the Syrian regime so that they can turn around and use those to kill their own people," Kirby said.
  • Ta rtus is Russia's only naval base outside the former Soviet Union, serving Russian navy ships on missions to the Mediterranean and hosting an unspecified number of military personnel.
  • Opposition groups say more than 14,000 people have been killed since the Syrian uprising began in March 2011 with mostly peaceful protests against Assad's autocratic regime. But a ferocious government crackdown led many to take up arms, and the conflict is now an armed insurgency.
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    The U.S. propaganda effort is in full bloom in this article rife with "Red Menace" Cold War overtones: "'The secretary of defense (Leon Panetta) remains concerned about any efforts by external countries or external organizations to supply lethal arms to the Syrian regime so that they can turn around and use those to kill their own people,' Kirby said." Even as the U.S. has decided to now do openly rather than through its Saudi and Qatari proxies? More than 14,000 killed in Syria since the "uprising" began? The U.N. reported about a week ago that its tool stands at 93,000, up from its previous figure of 80,000. The U.N. numbers are undoubtedly understated. They only count the dead whose names are reported to avoid duplicate counting. The nameless are ignored. "[T]he Syrian uprising began in March 2011 with mostly peaceful protests ..." Syria has been on the Israeli/Neocon hit list for many years as part of Israel's empirical ambitions, which requires destabilizing and  balkanizing surrounding nations. But the Syrian ambitions came to the fore after U.S. deployments to Iraq, Afghanistan, and Libya wound down and Israel, Qatar, and Saudi Arabia decided they wished to exploit large natural gas deposits in Qatar and off the Israeli coast via a pipeline through Syria to connect with an existing pipeline supplying the E.U. with a terminus in Turkey, all at the expense of an existing Russian monopoly on natural gas sales in the E.U. To boot, Syria is the ally of Iran, which is also on the Israeli hit list.  "[T]he conflict is now an armed insurgency."  Vocabulary please? "An insurgency is an armed rebellion against a constituted authority (for example, an authority recognized as such by the United Nations) when those taking part in the rebellion are not recognized as belligerents." It's not a rebellion; it is a proxy war against Syria being waged mostly by foreign mercenaries and jihadists. An "insurgency" is a military rebellion by citizens of the nation being
Paul Merrell

Israeli evades arrest at Heathrow over army war crime allegations | UK news | The Guardian - 0 views

  • Scotland Yard was thwarted yesterday in its attempt to seize a former senior Israeli army officer at Heathrow airport for alleged war crimes in occupied Palestinian lands after a British judge had issued a warrant for his arrest.British detectives were waiting for retired Major General Doron Almog who was aboard an El Al flight which arrived from Israel yesterday. It is believed he was tipped off about his impending arrest while in the air and stayed on the plane to avoid capture until it flew back to Israel. Scotland Yard detectives were armed with a warrant naming Mr Almog as a war crimes suspect for offences that breached the Geneva conventions.The Guardian understands police would have arrested him if he had set foot on British soil. The arrest warrant was issued on Saturday at Bow Street magistrates court, central London. It is believed to be the first warrant for war crimes of its kind issued in Britain against an Israeli national over conduct in the conflict with Palestinians.
  • Despite the alleged offences occurring in the Gaza Strip, war crimes law means Britain has a duty to arrest and prosecute alleged suspects if they arrive in Britain. The warrant alleges Mr Almog committed war crimes in the Gaza Strip in 2002 when he ordered the destruction of 59 homes near Rafah, which Palestinians say was in revenge for the death of Israeli soldiers. The warrant was issued by senior district judge Timothy Workman after an application by lawyers acting for Mr Almog's alleged Palestinian victims. According to legal sources, before granting the warrant Mr Workman decided his court had jurisdiction for the offences; that diplomatic immunity did not apply; and there was evidence to support a prima facie case for war crimes.If Mr Almog had been arrested he would have been bailed on condition that he did not leave Britain. The attorney general would have to have sanctioned any prosecution against him for war crimes.Mr Almog was commanding officer of the Israeli defence forces' southern command from December 2000 to July 2003. British lawyers representing Palestinians who say they suffered as a result of Mr Almog's orders had presented their evidence to Scotland Yard detectives last month and they began investigating him.
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    As with senior Bush II administration officials, travel abroad is becoming increasingly risky for high Israeli officials.  Background: After similar events a couple of years ago involving high Israeli officials, the UK Parliament enacted law purporting to exempt the UK from the international law obligation to arrest and prosecute war criminals no matter where the war crimes were committed. But that legislation clashed irreconcilably with the UK's treaty obligations as a member of the E.U. Apparently, a UK judge understood that the E.U. obligations trumped the national legislation in that regard.  
Paul Merrell

German Economy Hit by US, EU Sanctions on Russia - SPIEGEL ONLINE - 0 views

  • The US, for its part, penalized a dozen leading Russian conglomerates, including oil giant Rosneft, natural gas producer Novatek, Gazprombank and the weapons manufacturer Kalashnikov. From now on, they are forbidden from borrowing money from American monetary institutions and from issuing medium- and long-term debt to investors with ties to the US.
  • Even prior to the sanctions, the Russian economy had been struggling. Now, though, the Ukraine crisis is beginning to make itself felt in Germany as well. German industry's Committee on Eastern European Economic Relations believes that the crisis could endanger up to 25,000 jobs in Germany. Were a broad recession to befall Russia, German growth could sink by 0.5 percent, according to a Deutsche Bank study.
  • The most recent US sanctions, warns Eckhard Cordes, head of the Committee on Eastern European Economic Relations, have placed an additional strain "on the general investment climate." Particularly, he adds, because European companies have to conform to the American penalties.
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  • Already, the uneasiness can be seen in the Ifo Business Climate Index. One in three of the companies surveyed at the end of June said it expected adverse effects. "Russian customers have begun looking for suppliers outside of Europe," says Ulrich Ackermann, a foreign trade expert with the German engineering association VDMA. "They are concerned that European companies, because of the threat of increased sanctions, won't be able to deliver."
  • Even prior to the latest sanctions, business has been slowing in almost all sectors. The Düsseldorf-based energy giant E.on, for example, recently built power stations in Russia worth €9 billion. Most of the generators are already online, but because the economy in Russia is suffering, the returns are much lower than forecast. Volkswagen is a further example. The carmaker's sales figures for 2014 are 10 percent lower than they were last year. Opel's figures dropped by 12 percent during the first five months of the year.
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    Germany, and other European nations whose economies are interdependent on Russia's, are beginning to feel the pain from U.S. efforts to blockade BRICS nations from doing business with Europe. That's what U.S. meddling in Ukraine is about, another of the key U.S. initiatives in the the new Iron Curtain being constructed between BRICS and the U.S.-led Bankster Empire. I suspect that the sanctions will prove to be a dumb move. The BRICS nations will develop new industry to replace the goods it had been buying from Europe, all paid for without U.S. dollars. A pinch in the beginning, but longer term economic growth because the BRICS nations will also sell their new products to developing nations eager to hop off the U.S. dollar. That's when the new BRICS development bank counterpart to the IMF comes to the fore. That's the handwriting on the wall that the U.S. is painting for Germany and the rest of the E.U. Will Germany take that kind of economic hit out of loyalty to the U.S. and love of the sinking value of the dollar? The only end in sight for the dollar's sinking value is the inevitable crash. Or does Germany part ways with the dollar and hitch its wagon to the rising star of the BRICS nations' economy? Because Germany is the island of prosperity in the Eurozone, as goes Germany, so goes the future of the E.U. and NATO. Meanwhile, the Fed manipulates the gold market to keep the price artificially low and thus prop up the dollar a bit longer. But that keeps the price of gold low for China too. The drama of gangster capitalism's demise. http://goo.gl/DGfEq6
Paul Merrell

Israel election: Binyamin Netanyahu rules out Palestinian state if he wins | World news... - 1 views

  • Israel’s prime minister Binyamin Netanyahu has unequivocally ruled out the establishment of a Palestinian state as he vowed to strengthen construction of settlements in occupied east Jerusalem should he be re-elected on Tuesday. Netanyahu’s comments reinforced his hardening message of recent days and confirmed his final abandonment of his at best tepid commitment to a two-state solution designed to see the creation of an independent Palestinian state. His remarks were made in an interview with a website owned by US casino magnate Sheldon Adelson - Netanyahu’s biggest backer - and were being viewed by his political opponents as a last-ditch effort to sway voters away from the rival far-right Jewish Home party of Naftali Bennett.
  • “I think that anyone who moves to establish a Palestinian state and evacuate territory gives territory away to radical Islamist attacks against Israel,” Netanyahu said. “The left has buried its head in the sand time and after time and ignores this, but we are realistic and understand.” When asked if that meant a Palestinian state would not be established if he is elected, Netanyahu replied: “Indeed.” While his remarks will be seen in large part as election rhetoric designed to cement his standing with his country’s hard right at a time when Netanyahu has been struggling in his campaign, they will further strain relations with the US and other key allies should he win a third consecutive term.
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    We probably won't know for a few days because the vote is so close in early returns, but there's broad agreement nonetheless that Netanyahu's Likud Party is in the best position to form the new ruling coalition. So most likely, Netanyahu continues as Israel's PM. If he remains as PM, I see no way that Obama and the U.N. Security Council can duck making a response that is more than a wrist slap and fairly swiftly. This will set the Muslim world afire and ramp up the Boycott, Sanctions, and Divestment movement enormously both in the E.U. and the U.S. I'd guess that unless Obama decides to get out ahead of the global reaction, the first action will be taken by individual European nations imposing labeling on all imports originating from Israeli settlements and very conceivably economic sanctions againt Israeli imports. That's likely to mushroom fairly quickly to E.U. action. Netanyahu's statements also robs the Israel Lobby in the U.S. of its "negotiated solution" script that has been their bedrock sound-bite since the 1970s. I've linked The Guardian article because it includes the most outrageous quotes, but this has broken into mainsream U.S. media. You can watch the video (with English subtitles) at The New York Times. . I'll add some more in a comment.   I've b  Barring a blunt repudiation of his promise that there would be no two-state solution (which Netanyahu will not do without a gun aimed at his head) neither Israel nor the U.S. will be able to maintain the fig leaf of a negotiated agreement between Israel and the Palestine LIberation Authority establishing a Palestinian state. 
Paul Merrell

Asia Times Online :: World Affairs - 0 views

  • By Pepe Escobar Let's start with a flashback to February 1992 - only two months after the dissolution of the Soviet Union. First draft of the US government's Defense Planning Guidance. It was later toned down, but it still formed the basis for the exceptionalist dementia incarnated by the Project for the New American Century; and also reappeared in full glory in Dr Zbig "Let's Rule Eurasia" Brzezinski's 1997 magnum opus The Grand Chessboard. It's all there, raw, rough and ready: Our first objective is to prevent the reemergence of a new rival, either on the territory of the former Soviet Union or elsewhere, that poses a threat on <a href='http://asianmedia.com/GAAN/www/delivery/ck.php?n=a9473bc7&cb=%n' target='_blank'><img src='http://asianmedia.com/GAAN/www/delivery/avw.php?zoneid=36&cb=%n&n=a9473bc7&ct0=%c' border='0' alt='' ></a> the order of that posed by the Soviet Union. This ... requires that we endeavor to prevent any hostile power from dominating a region whose resources would, under consolidated control, be sufficient to generate global power. These regions include Western Europe, East Asia, the territory of the former Soviet Union, and Southwest Asia.
  • By Pepe Escobar Let's start with a flashback to February 1992 - only two months after the dissolution of the Soviet Union. First draft of the US government's Defense Planning Guidance. It was later toned down, but it still formed the basis for the exceptionalist dementia incarnated by the Project for the New American Century; and also reappeared in full glory in Dr Zbig "Let's Rule Eurasia" Brzezinski's 1997 magnum opus The Grand Chessboard. It's all there, raw, rough and ready: Our first objective is to prevent the reemergence of a new rival, either on the territory of the former Soviet Union or elsewhere, that poses a threat on <a href='http://asianmedia.com/GAAN/www/delivery/ck.php?n=a9473bc7&cb=%n' target='_blank'><img src='http://asianmedia.com/GAAN/www/delivery/avw.php?zoneid=36&cb=%n&n=a9473bc7&ct0=%c' border='0' alt='' ></a> the order of that posed by the Soviet Union. This ... requires that we endeavor to prevent any hostile power from dominating a region whose resources would, under consolidated control, be sufficient to generate global power. These regions include Western Europe, East Asia, the territory of the former Soviet Union, and Southwest Asia.
  • The Spring collection is far from derailing other pivoting - whose latest offering is the current "anti-terrorist" campaign in eastern Ukraine by the Kiev regime changers, which follows a most curious calendar. CIA's John Brennan hits Kiev, and the regime changers launch their first war on terra. Dismal failure ensues. Vice President Joe Biden visits Kiev and the regime changers, right on cue, relaunch their war on terra. Thus the pivoting to Cold War 2.0 proceeds unabated, as in Washington working hard to build an iron curtain between Berlin and Moscow - preventing further trade integration across Eurasia - via instigation of a civil war in Ukraine. German Chancellor Angela Merkel remains on the spot: it's either Atlantic high-fidelity or her Ostpolitik - and that's exactly where Washington wants her.
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  • That's all one needs to know about the Obama administration's "pivoting to Asia", as well as the pivoting to Iran ("if we're not going to war", as US Secretary of State John Kerry let it slip) and the pivoting to Cold War 2.0, as in using Ukraine as a "new Vietnam" remix next door to Russia. And that's also the crucial context for Obama's Pax Americana Spring collection currently unrolling in selected Asian catwalks (Japan, South Korea, Malaysia and Philippines).
  • How's Beijing reacting to all this hysteria? Simple: by reaping dividends. Beijing wins with the US offensive trying to alienate Moscow from Western markets by getting a better pricing deal on the supply of Eastern Siberian gas. Beijing wins from the European Union's fear of losing trade with Russia by negotiating a free-trade agreement with its largest trading partner, which happens to the be the EU. And then, the sterling example. Just compare Obama's Spring collection tour, as a pivoting appendix, to the current tour of Cuba, Venezuela, Brazil and Argentina by Chinese Foreign Minister Wang Yi. It's a business bonanza, focused on bilateral financing and, what else, trade deals. It's all in the mix: Peruvian and Chilean copper; Brazilian iron and soybeans; support for Venezuelan social programs and energy development; support for Cuba in its interest for greater Chinese involvement in Venezuela, which supplies Cuba with subsidized energy.
  • And all this against the background of a Beltway so excited that the Chinese economy is in deep trouble. It's not - it grew at 7.4% year-on-year for the first quarter of 2014. Demand for iron and copper won't significantly slow down - as the Beijing-driven urbanization drive has not even reached full speed. Same for soybeans - as millions of Chinese increasingly start eating meat on a regular basis (soybean products are a crucial feedstock). And, of course, Chinese companies will not losee their appetite for diversifying all across South America. For the large, upcoming Chinese middle class - on their way to becoming full-fledged members of the number one economic power in the world by 2018 - this Spring collection is a non-starter. He or she would rather hit Hong Kong and queue up in Canton Road to buy loads of Hermes and Prada - and then strategically celebrate with Jiro quality, non-Fukushima-radiated, sushi.
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    Escobar's point that for the U.S., Ukraine is about building an iron curtain between Russia and the E.U. should not be missed. 
Paul Merrell

Fallout from Obama's Russia Strategy Is Spreading through Europe - Yahoo Finance - 0 views

  • The Obama administration’s sanctions against Russia, reluctantly supported by the Europeans, bite more deeply every day. But it is also clearer with each daily news report that Russians are not going to suffer alone.
  • The Obama administration’s sanctions against Russia, reluctantly supported by the Europeans, bite more deeply every day. But it is also clearer with each daily news report that Russians are not going to suffer alone.
  • Russia’s immediate neighbors and the Europeans will, too. And—not to be missed—so will the trans-Atlantic alliance that has served as the backbone of Western policy since the postwar order was established 70 years ago next spring.This president is intent on making history. But does he distinguish between good history and the other kind?
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  • It’ll be the other kind if the European Union swoons into another recession as a consequence of America’s geopolitical ambitions to Europe’s east. Emphatically it’ll be the other kind if Obama hastens a drift in Washington’s ties to the European capitals that have been faintly discernible, if papered over, for decades.     Let’s look at this from all angles.
  • On Friday the Polish zloty hit a 15-month low against the euro—straight-ahead fallout from Russia’s crisis. Among the CIS nations, Belarus just doubled interest rates, to 50 percent, and imposed a 30 percent tax on forex transactions.Kyrgyzstan is closing private currency exchanges, and Armenia is letting the dram, its currency, collapse—17 percent in the past month—in a policy it calls “hyper-devaluation.” Further afield, the Indian rupee, the South African rand, and the Turkish lira are among the emerging-market currencies taking hits from the ruble crisis.Flipping these eggs over, Switzerland just imposed negative interest rates to discourage a stampede of weak-currency holders from piling into the franc in search of a safe haven.
  • What happened as E.U. ministers and heads of state convened in Brussels last week can come as no surprise.On one hand, German Chancellor Angela Merkel and British Prime Minister David Cameron insisted that Europeans must “stay the course” on Russia. Just before the Brussels summit, the E.U. barred investments in Crimea—a gesture more than anything else, but one with clear intent. On the other hand, deep divisions are now on the surface. Italian Prime Minister Matteo Renzi declared “absolutely no” to more sanctions, and François Hollande seemed to say no to the sanctions already in place. Noting signs of progress on Ukraine, the French president said, “If gestures are sent by Russia, as we expect, there would be no reason to impose new sanctions, but on the contrary to look at how we could bring about a de-escalation from our side.”Danish Foreign Minister Martin Lidegaard asserted that the sanctions already in place may be hitting too hard. We want to modulate Russia’s behavior, he said in an especially astute distinction, not destroy Russia’s economy.
  • In short, two serious fissures are emerging as the hard line against Russia advances. One, the E.U. is plainly getting fractious. Reflecting the rainbow of political tendencies among their leaders, Europeans may have reached their limit in acquiescing in the Obama administration’s tough-and-getting-tougher policies. Note, in this context: Europe has nothing like the fiscal and monetary wherewithal it had six years ago to withstand another bout of financial and economic contagion. Two, Obama appears ever closer to overplaying America’s hand with the Europeans. Tensions between Washington and Europe have simmered just out of sight since the Cold War decades. There are significant signs now that Obama has let the Ukraine crisis worsen them to the point the tenor of trans-Atlantic ties is permanently modulated. If this goes any further it will be very big indeed. 
  • Question: Do President Obama’s big-think people at State and the Treasury know the magnitude of the game they’re playing? This is the issue the economic fallout of sanctions and the new shifts in Europe raise. Follow-on query, not pleasant to ask but it must be put: Does Obama have any big thinkers in either department? As the consequences of this administration’s Russia policy unfurl, they appear to travel on a wing and a prayer—“making it up as they go along,” as a friend and Foreign Service refugee said over lunch the other day.
Paul Merrell

U.S. AWOL soldier André Shepherd: European Court of Justice Advocate General ... - 0 views

  • In the legal case of U.S. AWOL soldier André Shepherd (37) the European Court of Justice Advocate General, Eleanor Sharpton, today published her final opinion. This official statement contains guiding deliberations for the interpretation of the so-called Qualification Directive of the European Union. Amongst other considerations, these rules state that those endangered by prosecution or punishment for refusal to perform military service involving an illegal war or commital of war crimes, should be protected by the European Union. André Shepherd, former U.S. Army helicopter mechanic in the Iraq War, during leave in Germany, left his unit and in 2008, requested asylum in that country. 2011, the German Federal Office for Migration and Refugees refused Shepherd's application. Shepherd's resulting court action challenge resulted in the Munich Administrative Court's asking for the opinion of the European Court in Luxemburg on significant questions concerning the interpretation of the Qualification Directive. The Justice Advocate General came to the following conclusions:
  • - The protection guaranteed by the Qualification Directive is also applicable to soldiers not directly involved in combat, when their duties could support war crimes. The German Federal Office for Migration and Refugees has as yet failed to respect this definition. - Within the asylum application process, a deserter is not obliged to prove that he was or could be involved in war crimes, as the German Federal Office for Migration and Refugees required. Necessary is only the evidence of war crime probability, based on past occurrences. - Even a U.N. mandate for a war, in which the deserter was, or could have been involved, cannot serve as grounds for rejection of his rights as a refugee. - The deserter must prove that he either had already been involved in a military service refusal case, or that for concrete reasons, he could not take advantage of this right. - In deciding the question, whether the military service objector is a member of a social or ethnic group as defined within the framework of E.U. Refugee Rights, the national authority should not only consider the degree and importance of his convictions, but also the degree of discrimination experienced in his own country.
  • - The national authorities must investigate whether the asylum applicant's membership in a social or ethnic group could in probability lead to discriminative treatment as the result of a military court action or even dishonorable discharge.
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    Big one from the Advocate Genereral of the European Court of Justice. The Court nearly always follows the opinion of the Advocate General. So members of the U.S. military may soon be able to desert the U.S. armed forces and find refuge in the E.U., free from fear of extradition by the U.S.   The Court's press release is here. http://goo.gl/nvKpfN (.) That page includes a link to the court's docket where the Advocate General's opinion is found and where the Court's judgment will appear when delivered.
Paul Merrell

War escalating in the Mideast - 0 views

The war in Syria is escalating rapidly; is it too late to prevent that war from engulfing the Mideast and possibly beyond? I'm posting snapshots of multiple reports in a single post today because o...

war & peace Syria Israel Turkey Saudis Lebanon Russia Hisbollah Iraq

started by Paul Merrell on 22 May 13 no follow-up yet
Paul Merrell

UK ordered to hold inquests into civilian deaths during Iraq war | UK news | guardian.c... - 0 views

  • A series of public inquests should be held into the deaths of civilians who are alleged to have been killed unlawfully by the British military following the 2003 invasion of Iraq, the high court has ruled.In a ground-breaking judgment that could have an impact on how the British military is able to conduct operations among civilians in the future, the court ruled on Friday that up to 161 deaths should be the subject of hearings modelled upon coroners' inquests.In practice, a series of hearings – possibly amounting to more than 100 – are likely to be held as a result of the judgment, which follows a three-year legal battle on behalf of the Iraqis' families.
  • Each hearing must involve a "full, fair and fearless investigation accessible to the victim's families and to the public", the court ruled, and should examine not only the immediate circumstances but other issues surrounding each death.As a first step, the court ordered Philip Hammond, the defence secretary, to announce within six weeks whether any of the deaths are to result in prosecutions, or to explain any further delays over prosecuting decisions.After years of judicial review proceedings, and in the face of determined opposition from the Ministry of Defence, which appeared anxious to maintain control over any investigative process, the court concluded that hearings modelled upon coroners' inquests were the best way for the British authorities to meet their obligations under article 2 of the European convention on human rights (ECHR), which protects the right to life.
  • The court also ruled that this should be just the start of the process by which public hearings will examine the alleged misconduct of some members of the British armed forces who served in Iraq.Following the completion of the Article 2 hearings – into allegedly unlawful killings – further hearings should be established in order to meet the UK's obligations under Article 3 of the ECHR, the court said. These will inquire into allegations of torture and lesser mistreatment of individuals detained by British troops in Iraq, focusing on a sample of the most serious of the 700-plus cases in which such allegations have been made.In December last year the MoD said it had paid out £14m in compensation and costs to 205 Iraqis who alleged unlawful imprisonment and mistreatment, and that it was negotiating a further 196 payments. Several hundred more claims were expected to be lodged.
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  • The court said it had examined "allegations of the most serious kind involving murder, manslaughter, the wilful infliction of serious bodily injury, sexual indignities, cruel inhuman and degrading treatment and large scale violation of international humanitarian law".The judgment from Sir John Thomas, president of the Queen's Bench Division, and Mr Justice Silber, added that there was evidence to support claims that some of the abuse had been systemic, and questioned whether responsibility for poor training and a failure to investigate promptly lay with senior officers and figures in government
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    These UK proceedings are under authority of the E.U. Convention on Human Rights, whose relevant provisions echo those of the UN Convention on Human Rights, which both the U.K. and the U.S. are party to.  The Brits' willingness to prosecute its own soldiers, senior officers, and figures in government for war crimes sharply contrasts to the U.S., where Barack Obama immediately upon taking office rejected calls for the Iraqi war crimes investigation and prosecution of U.S. military members and Executive Branch officials, saying that he wanted to look forward, not back.  This was a very thin answer to the nation's Nuremburg Prosecution principles later embodied in international law at the instigation of the U.S. Good on the Brits. Shame on the U.S.   
Paul Merrell

Turkey's Erdogan Gets Taste of His Own Medicine? « LewRockwell.com Blog - 0 views

  • After nearly a week of increasing public protests in Turkey, ostensibly over government plans to turn a last bit of green space in Istanbul into another shopping mall, matters became far more serious on Friday. Riot police descended on the protestors with various forms of tear gas (and possibly worse chemical and biological agents -- raw sewage?) and water cannon, blasting everyone and everything in sight including non-participants. When they caught protestors, they beat them violently and brutally, as can be seen in this video. Photographs show that police fired tear gas into crowded underground metro stations, leading to panic and worse. Istanbul looks like a war zone. Today indications are that protests have only increased in number and fury in response to the violence with which they were met yesterday.
  • Prime Minister Recep Tayyip Erdogan has come under increased criticism at home over his enthusiastic support for those fighting to overthrow the government in neighboring Syria. Turkish government support for the rebels came early and has included providing safe havens for the Islamist insurgents and safe passage into Syria from Libya, Yemen, and other countries of the insurgents' origin. Erdogan's stated policy of "zero problems with neighbors" has been turned on its head by his support for the rebels fighting next door. Public dissatisfaction with the Turkish government's policy of encouraging an Islamist insurgency next door has steadily increased. The insurgents fighting the Syrian government were still unsatisfied by the level of support they received from their Turkish hosts and they took to false flag attacks in places like Reyhanli and a planned false-flag sarin gas attack on southern Turkey in Adana in attempt to provoke a Turkish (and NATO) military response against Syria.
  • Suddenly the tables are turned at home. Faced with a nascent but growing protest movement of his own, Erdogan expresses a very different view toward the people in the street. The Prime Minister strongly supported the "Arab Spring" overthrow in Egypt and supports the overthrow of Assad next door because he said the leaders of these countries did not listen to their people. Just last week he met with President Obama and agreed that "Assad must go." Now with protesters in Turkey chanting "Erdogan must go" he is singing a different tune. Now "the people" he claimed to speak for -- on the streets in Egypt and Syria, at least -- were, in Turkey, "with terror, have dark ties," in his words. Suddenly "the people" are not so noble when they are calling for his ouster. With the tables turned on Erdogan, he can only demand order! "I call on the protesters to stop their demonstrations immediately," he thundered yesterday. Erdogan caught the tiger by the tail and thought he would become a new Ottoman Sultan. Reality bites back hard on the streets of Istanbul and elsewhere. This is far from over.
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    The U.S. Pipelinestan war-by-proxy against Syria as a proxy for war against Iran as a proxy for war against Russia's lock on the natural gas market for the E.U. continues to run up against a rock wall of unanticipated consequences. With U.S. Patriot missile batteries stationed along Turkey's border with Syria through which Qatar's mercenary Al Qaeda forces are infiltrated and supplied, Turkey's autocratic government suddenly faces its own Arab Spring uprising.  With Obama trumpeting that Syrian use of chemical weapons would "cross a red line" justifying direct U.S. intervention, a mercenary false flag chemical attack in Turkey is unmasked. 
Paul Merrell

France Threatens Google With Privacy Fines - ABC News - 0 views

  • France is giving Google three months to be more upfront about the data it collects from users — or be fined. Other European countries aren't far behind.
  • The French agency that regulates information technology says that five other European countries are taking similar steps in a staggered offensive against Google's privacy policy between now and the end of July. It says Google largely ignored earlier recommendations from European regulators.
  • Paris' formal warning gives the company three months to make changes to its privacy practices. They include specifying to users what it is using personal data for, and how long it's held. Regulators also want Google to let users opt out of having their data centralized — for example, when data from online searches, Gmail and YouTube are crunched into a single location.
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    Note that we have yet to hear from European regulatory entities with power to inflict far bigger hurt on cloud companies like Google, e.g., the EC's DG Competition, national security forces, E.U. Parliament, etc. 
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