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Paul Merrell

New EU rules to curb transfer of data to US after Edward Snowden revelations | World ne... - 0 views

  • New European rules aimed at curbing questionable transfers of data from EU countries to the US are being finalised in Brussels in the first concrete reaction to the Edward Snowden disclosures on US and British mass surveillance of digital communications.Regulations on European data protection standards are expected to pass the European parliament committee stage on Monday after the various political groupings agreed on a new compromise draft following two years of gridlock on the issue.The draft would make it harder for the big US internet servers and social media providers to transfer European data to third countries, subject them to EU law rather than secret American court orders, and authorise swingeing fines possibly running into the billions for the first time for not complying with the new rules.
  • "As parliamentarians, as politicians, as governments we have lost control over our intelligence services. We have to get it back again," said Jan Philipp Albrecht, the German Greens MEP who is steering the data protection regulation through the parliament.Data privacy in the EU is currently under the authority of national governments with standards varying enormously across the 28 countries, complicating efforts to arrive at satisfactory data transfer agreements with the US. The current rules are easily sidestepped by the big Silicon Valley companies, Brussels argues.The new rules, if agreed, would ban the transfer of data unless based on EU law or under a new transatlantic pact with the Americans complying with EU law."Without any concrete agreement there would be no data processing by telecommunications and internet companies allowed," says a summary of the proposed new regime.
  • Such bans were foreseen in initial wording two years ago but were dropped under the pressure of intense lobbying from Washington. The proposed ban has been revived directly as a result of the uproar over operations by the US's National Security Agency (NSA).Viviane Reding, the EU's commissioner for justice and the leading advocate in Brussels of a new system securing individuals' rights to privacy and data protection, argues that the new rulebook will rebalance the power relationship between the US and Europe on the issue, supplying leverage to force the American authorities and tech firms to reform."The recent data scandals prove that sensitivity has been growing on the US side of how important data protection really is for Europeans," she told a German foreign policy journal. "All those US companies that do dominate the tech market and the internet want to have access to our goldmine, the internal market with over 500 million potential customers. If they want to access it, they will have to apply our rules. The leverage that we will have in the near future is thus the EU's data protection regulation. It will make crystal clear that non-European companies, when offering goods and services to European consumers, will have to apply the EU data protection law in full. There will be no legal loopholes any more."But the proposed rules remain riddled with loopholes for intelligence services to exploit, MEPs admit.
Paul Merrell

NSA had German spies target Euro allies - The Local - 0 views

  • German spies targeted politicians in friendly European nations and inside Germany for surveillance on behalf of the US National Security Agency (NSA), a media report revealed on Thursday. Net company drags German spies to court (23 Apr 15) Liberals: Data retention unconstitutional (17 Apr 15) Ministers want phone data stored for ten weeks (15 Apr 15)
  • Der Spiegel reported that the US spy agency sent Germany's foreign intelligence agency, the Bundesnachrictendienst (BND), huge numbers of “selectors” – computer addresses, mobile phone numbers and other identifying information – which are used to target people's digital communications. Die Zeit reported that the NSA asked for a total of 800,000 people to be targeted for surveillance. The BND simply plugged the personal details into their own systems and carried out the intimate surveillance on behalf of their American allies.
  • BND officers had noticed several times since 2008 that some of the selectors directly contradicted the rules on how the agency is supposed to work, and its co-operation agreement for the “War on Terror” Germany signed with the USA in 2002. The Americans reportedly asked for information on arms manufacturer EADS, the Eurocopter helicopter company and the French government. But this was not seen by their superiors as a reason to regularly check the lists of selectors for irregularities. It was only after leaks by NSA whistleblower Edward Snowden began in summer 2013, revealing the extent of the surveillance by the American spies against the entire world's communications, that the BND began checking in detail.
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  • By October 2013, they had discovered that around 2,000 of the selectors were definitely targeted at western Europe and even Germany. Politicians were among the people picked out for the illegal spying. But the true extent of the scandal wasn't revealed until the Bundestag's (German parliament) NSA Inquiry Committee submitted a request for evidence to the BND.
  • A fresh check of the selectors supplied by the NSA showed that 40,000 of them identified western European and German targets. Chancellor Angela Merkel's office, to which the BND is directly responsible, was not informed about the spying on friendly targets until after that parliamentary question was asked, in March 2015.
Paul Merrell

EU votes to support suspending U.S. data sharing agreements, including passenger flight... - 0 views

  • The European Parliament on Thursday adopted a joint, cross-party resolution to begin investigations into widespread surveillance of Europeans by the U.S. National Security Agency (NSA). Read this EU to vote to suspend U.S. data sharing agreements, passenger records amid NSA spying scandal Read more In the vote, 483 voted for the resolution, 98 against, and 65 abstained on a vote that called on the U.S. to suspend and review any laws and surveillance programs that "violate the fundamental right of EU citizens to privacy and data protection," as well as Europe's "sovereignty and jurisdiction." The vote also gave backing to the suspension of data sharing deals between the two continents, should the European Commission take action against its U.S. ally.
  • The U.S. government faces continued criticism and pressure from its international allies following news that its intelligence agencies spied on foreign nationals under its so-called PRISM program. The U.K. government was also embroiled in the NSA spying saga, after its signals intelligence intercepting station GCHQ tapped submarine fiber optic cables under its own secret program, code named Tempora. Reuters reported on Wednesday that the Commission is examining whether the U.K. broke EU law, which could lead to fines imposed by the highest court in Europe.
  • Should the Commission decide it necessary to suspend the data sharing agreement of passenger details — including personal and sensitive individual data — it could ultimately lead to the grounding of flights between the EU and the U.S. Dutch MEP Sophie in 't Veld said in a statement after the vote: "We must consider now if the PNR and SWIFT agreements are still tenable in the circumstances." Critics say PNR data has never helped catch a suspected criminal or terrorist before. SWIFT data sharing, which provides U.S. authorities with secure banking details in a bid to crack down on terrorist financing, could also be suspended. A spokesperson for the D66 delegation in Brussels confirmed by email that the English version of the joint motion is "the right one and is leading," despite claims that there were "translation error[s]" between the different versions of the joint resolution.
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  • Members of the European Parliament (MEPs) in a plenary session in Strasbourg voted in favor of a section of the resolution that called on the Commission to "give consideration to all the instruments at their disposal in discussions and negotiations with the U.S. [...] including the possible suspension of the passenger name record (PNR) and terrorist finance tracking program (TFTP) agreements."
  • An EU source familiar with proceedings confirmed that the Commission now has the authority from the Parliament to suspend PNR and TFTP, but it falls at the Commission's discretion. Resolutions passed by the Parliament are not legally binding, but give backing to the Commission should the executive body wish to enact measures against a foreign power or entity. A Commission spokesperson confirmed that there are "no deadlines" on deciding whether it will follow up on the Parliament's resolution.
  • The Parliament's Civil Liberties, Justice and Home Affairs committee was given the authority by Thursday's vote to set up an inquiry to gather evidence from both U.S. and EU sources to assess the impact of the surveillance activities on EU citizens' fundamental right to privacy and data protection.
Paul Merrell

Turkish MP faces treason charges after telling RT ISIS used Turkey for transiting sarin... - 0 views

  • A treason investigation has been launched against a Turkish MP who alleged in an exclusive interview with RT that Islamic State jihadists delivered deadly sarin gas to Syria through Turkey. Ankara’s Chief Prosecutor's Office opened the case against Istanbul MP Eren Erdem of Republican People's Party (CHP) after his interview about sarin was aired on RT on Monday. "Chemical weapon materials were brought to Turkey and put together in ISIS camps in Syria, which was known as the Iraqi Al-Qaeda at that time." 
  • Erdem noted that the chemicals used for the production of weapons did not originate from Turkey. “All basic materials are purchased from Europe. Western institutions should question themselves about these relations. Western sources know very well who carried out the sarin gas attack in Syria,” Erdem told RT.
  • As Turkish media reported Wednesday, the prosecutor’s office is planning to send a summary of proceedings to the Ministry of Justice on Thursday. Following that, the summary may be forwarded to the Turkish parliament, which could vote to strip Erdem of his parliamentary immunity.Once Turkish mass-media reported the criminal investigation had been opened against Erdem, the hashtags #ErenErdemYalnızDeğildir - #ErenErdemYouAreNotAlone began to circulate in Turkish social networks.On Tuesday, MP Erdem issued a written statement in his defense, saying he had become the target of a smear campaign because of his statements made in parliament.He claimed he had received death threats over social media following the publication of his interview with RT, revealing the Turkish paramilitary organization Ottoman Hearths had published his home address on Twitter to enable an attack on his house.“I am being targeted with death threats because I am patriotically opposed to something that tramples on my country's prestige,” said the MP.As for his accusations about Turkish businessmen being involved in supplying Islamic State (IS, formerly ISIS/ISIL) with the poisonous gas sarin and other reactants needed for chemical warfare, Erdem maintained this statement was made based on the results of a Turkish court investigation in 2013.Erdem revealed that five Turkish citizens had been arrested by the Adana Chief Prosecutor's Office as a result of an investigation coded 2013/139. A Syrian national was prosecuted in Turkey for procuring chemical agents for Islamist groups in Syria. At the same time, Erdem noted all the persons arrested within the framework of the 2013/139 investigation were released a week later.
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