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Paul Merrell

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

www.nytimes.com/...-union-us-data-collection.html

surveillance state NSA-reform EUCJ litigation safe-harbor

shared by Paul Merrell on 06 Oct 15 - No Cached
  • 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.
  • Paul Merrell on 06 Oct 15
     
    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

Europe and Ukraine: A tale of two elections - RT Op-Edge - 0 views

rt.com/...161664-elections-in-eu-ukraine

Auction-2014 EU Ukraine

shared by Paul Merrell on 28 May 14 - No Cached
  • Circumstances surrounding the European and Ukrainian elections were far from being a mere coincidence. The regime changers in Kiev decided to hold a presidential election on May 25, the same day as European Parliament elections, in order to demonstrate their desire to follow a European-centric foreign policy.
  • Way beyond the established fact of an Atlantic push against Russian western borderlands, Ukraine remains a catfight of local oligarchies. No wonder the new Ukrainian president is also an oligarch; the 7th wealthiest citizen in the land, who owns not just a chocolate empire, but also automotive plants, a shipyard in Crimea and a TV channel. The only difference is that he’s a NATO oligarch
  • Meanwhile, in NATOstan, local and transnational elites have been desperately trying to spin a measure of success. Abstention remains notable – only roughly 4 in 10 Europeans take the trouble to vote on what goes on in Strasbourg, with a majority alienated enough to legitimize the mix of internal European austerity and international belligerence.
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  • Hardly discussed in the pre-vote campaigns were the Snowden NSA revelations; the shady negotiations between Washington and Brussels over a free trade agreement which will be a boon for US Big Business; and how the financial casino supervised by the European Central Bank, the IMF, and the European Commission (EC) will remain untouched, further ravaging the European middle classes. The anti-EU crowd performed very well in France, the UK, Denmark and Greece. Not so well in Italy and the Netherlands. The mainstream did relatively well in Germany and ultraconservative Spain – even though losing votes to small parties.
  • Essentially, European voters said two things out loud: either “the EU sucks,” or “we couldn’t care less about you, Eurocrat suckers.” As if that sea of lavishly pensioned Brussels apparatchiks – the Eurocrats - would care. After all, their mantra is that “democracy” is only good for others (even Ukrainians…) but not for the EU; when the European flock of sheep votes, they should only be allowed to pick obscure Brussels-peddled and Brussels-approved treaties. Brussels, anyway, is bound to remain the Kafkaesque political epitome of centralized control and red tape run amok. No wonder the EU is breathlessly pivoting with itself as the global economy relentlessly pivots to Asia.
  • To believe that an EU under troika austerity will bail Kiev out of its massive outstanding debts is wishful thinking. The recipe - already inbuilt in the $17 billion IMF “rescue” package is, of course, austerity. Oligarchs will remain in control, while assorted plunderers are already lining up. Former US Secretary of State Madeleine Albright – for whom hundreds of thousands of Iraqi children were expendable – “observed” the elections, and most of all observed how to privatize Telecom Ukraine, as she is doing now with Telekom Kosovo. There’s no evidence Right Sector and Svoboda will cease to be crypto-fascist, racist and intolerant just because Poroshenko – the King of Ukrainian Chocolate – is now the president. By the way, his margin for maneuver is slim, as his own markets – not to mention some of his factories – are in Russia. Heavy industry and the weapons industry in eastern Ukraine depend on Russian demand. It would take at least a whopping $276 billion for the West to “stabilize” eastern Ukraine. The notion of the EU “saving” Ukraine is D.O.A.
  • Moscow, once again, just needs to do what it is doing: nothing. And make sure there will be no economic or political help unless a federalized – and Finlandized - Ukraine with strong regions sees the light of day. Even the Brookings Institution has reluctantly been forced to admit that the US neo-con gambit has failed miserably; there’s no Ukraine without Russian help.
  • Signs so far are mixed. Poroshenko said Ukraine could “possibly” become an EU member state by 2025 (it won’t happen). He ruled out entering NATO (wise move). He rejects federalization (dumb move). He believes that with a strong economy Crimea would want to be back (wishful thinking). Still, he believes in reaching a compromise with Moscow (that’s what Moscow always wanted, even before regime change).
  • Back in NATOstan, there’s the crucial point of what happens to the ultra-right-wing anti-EU brigade in the Parliament in Strasbourg. They may all abhor the EU, but the fact is this ideological basket case will hardly form an alliance.
  • What this ultimately means is that conservative and moderate parties, as per the status quo, will remain in control, expressed via an extremely likely coalition of the European People’s Party (center-right) and the Socialists and Democrats (center-left). What comes next, in the second half of 2014, is the appointment of a new EU Commission. That’s Kafka redux, as in the bureaucrat-infested executive arm of the EU, which shapes the agenda, sort of (when it’s not busy distributing subventions in color-coded folders for assorted European cows.) There are 5 candidates fighting for the position of EC president. According to the current EU treaty, member states have to consider the result of EU Parliament elections when appointing a new president. Germany wants a conservative. France and Italy want a socialist. So expect a tortuous debate ahead to find who will succeed the spectacularly mediocre Jose Manuel Barroso. The favorite is a right-winger of the European People’s Party, former Prime Minister of Luxembourg Jean-Claude Juncker. He is an avid defender of banking secrecy while posing himself as a champion of “market social economy.”
  • Then there’s more Kafka: choosing the new president of the EU Council and the High Representative for Foreign Affairs. Translation: the EU won’t decide anything, or “reform” anything for months. That includes the critical negotiations with the Americans over the free trade deal. It’s absolutely impossible to spin these Sunday elections as not discrediting even more the EU project as it stands. As I’ve seen for myself, since early 2014, in 5 among the top EU countries, what matters for the average citizen is as follows: how to deal with immigration; how to fight the eradication of the welfare state; the implications of the free trade agreement with the US; the value of the euro –including an absurdly high cost of living; and what the ECB mafia is actually doing to fight unemployment.
  • With Kafka in charge for the foreseeable future, what’s certain is that Paris and Berlin will drift further and further apart. There will be no redesign of the EU’s institutions. And the next Parliament, filled with sound and fury, will be no more than a hostage of the devastating, inexorable political fragmentation of Europe. “Saving” Ukraine? What a joke. The EU cannot even save itself.
  • Paul Merrell on 28 May 14
     
    Pepe Escobar's take on the Presidential election in Ukraine and the EU-wide national election of EU Parliament members, both held on the same day. Excerpts only highlighted.  
Paul Merrell

The Collapse of Europe? « LobeLog - 0 views

www.lobelog.com/the-collapse-of-europe

EU-breakup Hungary Greece Russia China border-restrictions anti-Islam Euroskeptics

shared by Paul Merrell on 28 Jan 15 - No Cached
  • And yet, for all this success, the European project is currently teetering on the edge of failure. Growth is anemic at best and socio-economic inequality is on the rise. The countries of Eastern and Central Europe, even relatively successful Poland, have failed to bridge the income gap with the richer half of the continent. And the highly indebted periphery is in revolt. Politically, the center may not hold and things seem to be falling apart. From the left, parties like Syriza in Greece are challenging the EU’s prescriptions of austerity. From the right, Euroskeptic parties are taking aim at the entire quasi-federal model. Racism and xenophobia are gaining ever more adherents, even in previously placid regions like Scandinavia. Perhaps the primary social challenge facing Europe at the moment, however, is the surging popularity of Islamophobia, the latest “socialism of fools.” From the killings at the Munich Olympics in 1972 to the recent attacks at Charlie Hebdo and a kosher supermarket in Paris, wars in the Middle East have long inspired proxy battles in Europe. Today, however, the continent finds itself ever more divided between a handful of would-be combatants who claim the mantle of true Islam and an ever-growing contingent who believe Islam — all of Islam — has no place in Europe.
  • Europeans are beginning to realize that Margaret Thatcher was wrong and there are alternatives — to liberalism and European integration. The most notorious example of this new illiberalism is Hungary. On July 26, 2014, in a speech to his party faithful, Prime Minister Viktor Orban confided that he intended a thorough reorganization of the country. The reform model Orban had in mind, however, had nothing to do with the United States, Britain, or France. Rather, he aspired to create what he bluntly called an “illiberal state” in the very heart of Europe, one strong on Christian values and light on the libertine ways of the West. More precisely, what he wanted was to turn Hungary into a mini-Russia or mini-China. “Societies founded upon the principle of the liberal way,” Orban intoned, “will not be able to sustain their world-competitiveness in the following years, and more likely they will suffer a setback, unless they will be able to substantially reform themselves.” He was also eager to reorient to the east, relying ever less on Brussels and ever more on potentially lucrative markets in and investments from Russia, China, and the Middle East.
  • For some, the relationship between Hungary and the rest of Europe is reminiscent of the moment in the 1960s when Albania fled the Soviet bloc and, in an act of transcontinental audacity, aligned itself with Communist China. But Albania was then a marginal player and China still a poor peasant country. Hungary is an important EU member and China’s illiberal development model, which has vaulted it to the top of the global economy, now has increasing international influence. This, in other words, is no Albanian mouse that roared. A new illiberal axis connecting Budapest to Beijing and Moscow would have far-reaching implications.
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  • That July speech represented a truly Oedipal moment, for Orban was eager to drive a stake right through the heart of the ideology that had fathered him. As a young man more than 25 years earlier, he had led the Alliance of Young Democrats — Fidesz — one of the region’s most promising liberal parties. In the intervening years, sensing political opportunity elsewhere on the political spectrum, he had guided Fidesz out of the Liberal International and into the European People’s Party, alongside German Chancellor Angela Merkel’s Christian Democrats. Now, however, he was on the move again and his new role model wasn’t Merkel, but Russian President Vladimir Putin and his iron-fisted style of politics. Given the disappointing performance of liberal economic reforms and the stinginess of the EU, it was hardly surprising that Orban had decided to hedge his bets by looking east. The European Union has responded by harshly criticizing Orban’s government for pushing through a raft of constitutional changes that restrict the media and compromise the independence of the judiciary. Racism and xenophobia are on the uptick in Hungary, particularly anti-Roma sentiment and anti-Semitism. And the state has taken steps to reassert control over the economy and impose controls on foreign investment.
  • The Hungarian prime minister, after all, has many European allies in his Euroskeptical project. Far right parties are climbing in the polls across the continent. With 25% of the votes, Marine Le Pen’s National Front, for instance, topped the French elections for the European parliament last May. In local elections in 2014, it also seized 12 mayoralties, and polls show that Le Pen would win the 2017 presidential race if it were held today. In the wake of the Charlie Hebdo shootings, the National Front has been pushing a range of policies from reinstating the death penalty to closing borders that would deliberately challenge the whole European project. In Denmark, the far-right People’s Party also won the most votes in the European parliamentary elections. In November, it topped opinion polls for the first time. The People’s Party has called for Denmark to slam shut its open-door policy toward refugees and re-introduce border controls. Much as the Green Party did in Germany in the 1970s, groupings like Great Britain’s Independence Party, the Finns Party, and even Sweden’s Democrats are shattering the comfortable conservative-social democratic duopoly that has rotated in power throughout Europe during the Cold War and in its aftermath.
  • The Islamophobia that has surged in the wake of the murders in France provides an even more potent arrow in the quiver of these parties as they take on the mainstream. The sentiment currently expressed against Islam — at rallies, in the media, and in the occasional criminal act — recalls a Europe of long ago, when armed pilgrims set out on a multiple crusades against Muslim powers, when early nation-states mobilized against the Ottoman Empire, and when European unity was forged not out of economic interest or political agreement but as a “civilizational” response to the infidel.
  • Euroskepticism doesn’t only come from the right side of the political spectrum. In Greece, the Syriza party has challenged liberalism from the left, as it leads protests against EU and International Monetary Fund austerity programs that have plunged the population into recession and revolt. As elsewhere in Europe, the far right might have taken advantage of this economic crisis, too, had the government not arrested the Golden Dawn leadership on murder and other charges. In parliamentary elections on Sunday, Syriza won an overwhelming victory, coming only a couple seats short of an absolute majority. In a sign of the ongoing realignment of European politics, that party then formed a new government not with the center-left, but with the right-wing Independent Greeks, which is similarly anti-austerity but also skeptical of the EU and in favor of a crackdown on illegal immigration.
  • Paul Merrell on 28 Jan 15
     
    Greece and Hungary moving to the right *and toward Russia and China.* The Syrza Party won big in Greece on Sunday. 
Paul Merrell

| The Archived Columns of Conn M. Hallinan - 0 views

dispatchesfromtheedgeblog.wordpress.com

economies EU Greece anti-austerity oligarchs banksters privatization

shared by Paul Merrell on 02 Feb 15 - No Cached
  • Almost before the votes were counted in the recent Greek elections, battle lines were being drawn all over Europe. While Alexis Tsipras, the newly elected Prime Minister from Greece’s victorious Syriza Party, was telling voters, “Greece is leaving behind catastrophic austerity, fear and autocratic government,” Jens Weidmann, president of the German Bundesbank, was warning the new government not to “make promises it cannot keep and the country cannot afford.”   On Feb. 12 those two points of view will collide when European Union (EU) heads of state gather in Brussels. Whether the storm blowing out of Southern Europe proves an irresistible force, or the European Council an immovable object, is not clear, but whatever the outcome, the continent is not likely to be the same after that meeting.   The Jan 25 victory of Greece’s leftwing Syriza Party was, on one hand, a beacon for indebted countries like Spain, Portugal, Italy and Ireland. On the other, it is a gauntlet for Germany, the Netherlands, Finland, and the “troika”—the European Central bank, the European Commission, and the International Monetary Fund (IMF)—the designers and enforcers of loans and austerity policies that have inflicted a catastrophic economic and social crisis on tens of millions of Europeans.
  • The troika’s policies were billed as “bailouts” for countries mired in debt—one largely caused by the 2008 financial speculation bubble over which indebted countries had little control—and as a way to restart economic growth. In return for the loans, the EU and the troika demanded massive cutbacks in social services, huge layoffs, privatization of pubic resources, and higher taxes.   However, the “bailouts” did not go toward stimulating economies, but rather to repay creditors, mostly large European banks. Out of the $266 billion loaned to Greece, 89 percent went to investors. After five years under the troika formula, Greece was the most indebted country in Europe. Gross national product dropped 26 percent, unemployment topped 27 percent (and over 50 percent for young people), and one-third of the population lost their health care coverage.   Given a chance to finally vote on the austerity strategy, Greeks overwhelmingly rejected the parties that went along with the troika and elected Syriza.
  • Gerry Adams of Sinn Fein—now the third largest party in the Irish Republic—hailed the vote as opening “up the real prospect of democratic change, not just for the people of Greece, but for citizens right across the EU.” Unemployment in Ireland is 10.7 percent, and tens of thousands of jobless young people have been forced to emigrate.   The German Social Democrats are generally supportive of the troika, but the Green Party hailed the Syriza victory and Die Linke Party members marched with signs reading, “We start with Greece. We change Europe.”   Italian Prime Minister Matteo Renzi—who has his own issues with the EU’s rigid approach to debt—hailed the Greek elections, and top aide Sandro Gozi said that Rome was ready to work with Syriza. The jobless rate in Italy is 13.4 percent, but 40 percent among youth.
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  • In short, there are a number of currents in the EU and a growing recognition even among supporters of the troika that prevailing approach to debt is not sustainable.   One should have no illusions that Syriza will easily sweep the policies of austerity aside, but there is a palpable feeling on the continent that a tide is turning. It did not start with the Greek elections, but with last May’s European Parliament elections, where anti-austerity parties made solid gains. While some right-wing parties that opportunistically donned a populist mantle also increased their vote, they could not do so where they were challenged by left anti-austerity parties. For instance, the right did well in Denmark, France, and Britain, but largely because there were no anti-austerity voices on the left in those races. Elsewhere the left generally defeated their rightist opponents.   If Syriza is to survive, however, it must deliver, and that will be a tall order given the power of its opponents.
  • The French Communist Party hailed the Greek elections as “Good news for the French people,” and Jean-Luc Melenchon of the Parti de Gauche called for a left-wing alliance similar to Syriza. French President Francois Hollande made a careful statement about “growth and stability,” but the Socialist leader is trying to quell a revolt by the left flank of his own party over austerity, and Paris is closer to Rome than it is to Berlin on the debt issue.   While the conservative government of Portugal was largely silent, Left Bloc Member of Parliament Marisa Matias told a rally, “A victory for Syriza is a victory for all of Europe.”
  • As convoluted as Greek politics are, the main obstacle for Syriza will come from other EU members and the Troika.   Finnish Prime Minister Alex Stubb made it clear “that we would say a resounding ‘no’ to forgive loans.” Merkel’s chief of staff, Peter Altmaier, says, “We have pursued a policy which works in many European countries, and we will stick to in the future.” IMF head Christine Lagarde chimed in that “there are rules that must be met in the euro zone,” and that “we cannot make special exceptions for specific countries.”   But Tsipras will, to paraphrase the poet Swinburne, not go entirely naked into Brussels, but “trailing clouds of glory.” Besides the solid support in Greece, a number of other countries and movements will be in the Belgian capital as well.   Syriza is closely aligned in Spain with Podemos, now polling ahead of the ruling conservative People’s Party. “2015 will be the year of change in Spain and Europe,” tweeted Podemos leader Pablo Iglesias in the aftermath of the election, “let’s go Alexis, let’s go!” Unemployment in Spain is 24 percent, and over 50 percent for young people.
  • At home, the Party will have to take on Greece’s wealthy tax-dodging oligarchs if it hopes to extend democracy and start refilling the coffers drained by the troika’s policies. It will also need to get a short-term cash infusion to meet its immediate obligations, but without giving in to yet more austerity demands by the troika.   For all the talk about Syriza being “extreme”—it stands for Coalition of the Radical Left— its program, as Greek journalist Kia Mistilis points, is “classic ‘70s social democracy”: an enhanced safety net, debt moratorium, minimum wage raise, and economic stimulus.   Syriza is pushing for a European conference modeled on the 1953 London Debt Agreement that pulled Germany out of debt after World War II and launched the “wirtschaftswunder,”or economic miracle that created modern Germany. The Agreement waved more than 50 percent of Germany’s debt, stretched out payments over 50 years, and made repayment of loans dependent on the country running a trade surplus.
  • The centerpiece of Syriza’s Thessaloniki program is its “four pillars of national reconstruction,” which include “confronting the humanitarian crisis,” “restarting the economy and promoting tax justice,” “regaining employment,” and “transforming the political system to deepen democracy.”   Each of the “pillars” is spelled out in detail, including costs, income and savings, and, while it is certainly a major break with the EU’s current model, it is hardly the October Revolution.   The troika’s austerity model has been quite efficient at smashing trade unions, selling off public resources at fire sale prices, lowering wages and starving social services. As a statement by the International Union of Food Workers argues, “Austerity is not the produce of a deficient grasp of macroeconomics or a failure of ‘social dialogue,’ it is a conscious blueprint for expanding corporate power.”
  • Under an austerity regime, the elites do quite well, and they are not likely to yield without a fight.   But Syriza is poised to give them one, and “the little party that could” is hardly alone. Plus a number of important elections are looming in Estonia, Finland, and Spain that will give anti-austerity forces more opportunities to challenge the policies of Merkel and the troika.   The spectre haunting Europe may not be the one that Karl Marx envisioned, but it is putting a scare into the halls of the rich and powerful.
  • Paul Merrell on 02 Feb 15
     
    I'm struck again by the poltical brilliance of Russia's decision to drop the South Stream Pipeline in favor of a new pipeline through Turkey to the border with Greece. Russia has gained an ally in Greece in terms of fighting economic sanctions on Russia and reinstating trade between Russia and the EU. Greece has veto power in the EU on any new sanctions or renewal of existing sanctions, at least most of which have sunset provisions. Russia also made allies of two NATO members, Greece and Turkey. And Greece is positioned by its threat of refusal to repay debt to the troika banksters to break the absolute hold the banksters have on monetary policy in the Eurozone. Russia magnifies that threat by saying that it is open to a proposal to bail out the Greek government. Not yet known is whether a condition would be abandoning the Euro as Greece's own currency. Greece might conceivably reinstate the drachma with its value pegged to a basket of foreign currencies, including the ruble and yuan. In other words, Greece leaving the EU and NATO and joining BRICS is conceivable.
Paul Merrell

Asia Times Online :: The Fall of the House of Europe - 0 views

www.atimes.com/...WOR-01-110313.html

banksters financial-collapse EU collapse Italy

shared by Paul Merrell on 12 Mar 13 - No Cached
  • There's more, much more. These four characters - Bersani, Monti, Grillo, Berlusconi - happen to be at the heart of a larger than life Shakespearean tragedy: the political failure of the troika (European Commission, European Central Bank and International Monetary Fund), which translates into the politics of the European Union being smashed to pieces. That's what happens when the EU project was never about a political ''union'' - but essentially about the euro as a common currency. No wonder the most important mechanism of European unification is the European Central Bank. Yet abandon all hope of European politicians asking their disgruntled citizens about a real European union. Does anybody still want it? And exactly under what format?
  • All hell is breaking loose in the EU. Le Monde insists Europe is not in agony. Oh yes, it is; in a coma. And yet Brussels (the bureaucrat-infested European Commission) and Berlin (the German government) simply don't care about a Plan B; it's austerity or bust. Predictably, Dutch Finance Minister Jeroen Dijsselbloem - the new head of the spectacularly non-transparent political committee that runs the euro - said that what Monti was doing (and was roundly rejected by Italians) is ''crucial for the entire eurozone''.
  • The verdict is of an Italy ''in the hands of polit-clowns that may shatter the euro or force the country to exit''. Even the liberal-progressive Der Tagesspiegel in Berlin defines Italy as ''a danger to Europe''
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  • So whatever government emerges in Italy, the message from Brussels, Berlin and Frankfurt remains the same: if you don't cut, cut and cut, you're on your own. Germany, for its part, has only a plan A. It spells out ''Forget the Club Med''. This means closer integration with Eastern Europe (and further on down the road, Turkey). A free trade deal with the US. And more business with Russia - energy is key - and the BRICS in general. Whatever the public spin, the fact is German think-tanks are already gaming a dual-track eurozone.
  • Philosopher Franco Berardi - who way back in the 1970s was part of the Italian autonomous movements - correctly evaluates that what Europe is living today is a direct consequence of the 1990s, when financial capital hijacked the European model and calcified it under neoliberalism. Subsequently, a detailed case can be made that the financial Masters of the Universe used the aftermath of the 2008 financial crisis to turbo-charge the political disintegration of the EU via a tsunami of salary cuts, job precariousness for the young, the flattening of pensions and hardcore privatization of everything. No wonder roughly 75% of Italians ended up saying ''No'' to Monti and Merkel.
  • What Grillo's movement has already done is to show how ungovernable Europe is under the Monti-Merkel austerity mantra. Now the ball is in the European financial elite's court. Most wouldn't mind letting Italy become the new Greece. So we go back full circle. The only way out would be a political reformulation of the EU. As it is, most of Europe is watching, impotently, the death of the welfare state, sacrificed in the altar of Recession. And that runs parallel to Europe slouching towards global irrelevance - Real Madrid and Bayern Munich notwithstanding. The Fall of the House of Europe might turn into a horror story beyond anything imagined by Poe - displaying elements of (already visible) fascism, neo-Dickensian worker exploitation and a wide-ranging social, civil war. In this context, the slow reconstruction of a socially based Europe may become no more than a pipe dream.
Paul Merrell

Spies and internet giants are in the same business: surveillance. But we can stop them ... - 0 views

www.theguardian.com/...-harbour-ruling-edward-snowden

surveillance state NSA EU data privacy litigation

shared by Paul Merrell on 12 Oct 15 - No Cached
  • On Tuesday, the European court of justice, Europe’s supreme court, lobbed a grenade into the cosy, quasi-monopolistic world of the giant American internet companies. It did so by declaring invalid a decision made by the European commission in 2000 that US companies complying with its “safe harbour privacy principles” would be allowed to transfer personal data from the EU to the US. This judgment may not strike you as a big deal. You may also think that it has nothing to do with you. Wrong on both counts, but to see why, some background might be useful. The key thing to understand is that European and American views about the protection of personal data are radically different. We Europeans are very hot on it, whereas our American friends are – how shall I put it? – more relaxed.
  • Given that personal data constitutes the fuel on which internet companies such as Google and Facebook run, this meant that their exponential growth in the US market was greatly facilitated by that country’s tolerant data-protection laws. Once these companies embarked on global expansion, however, things got stickier. It was clear that the exploitation of personal data that is the core business of these outfits would be more difficult in Europe, especially given that their cloud-computing architectures involved constantly shuttling their users’ data between server farms in different parts of the world. Since Europe is a big market and millions of its citizens wished to use Facebook et al, the European commission obligingly came up with the “safe harbour” idea, which allowed companies complying with its seven principles to process the personal data of European citizens. The circle having been thus neatly squared, Facebook and friends continued merrily on their progress towards world domination. But then in the summer of 2013, Edward Snowden broke cover and revealed what really goes on in the mysterious world of cloud computing. At which point, an Austrian Facebook user, one Maximilian Schrems, realising that some or all of the data he had entrusted to Facebook was being transferred from its Irish subsidiary to servers in the United States, lodged a complaint with the Irish data protection commissioner. Schrems argued that, in the light of the Snowden revelations, the law and practice of the United States did not offer sufficient protection against surveillance of the data transferred to that country by the government.
  • The Irish data commissioner rejected the complaint on the grounds that the European commission’s safe harbour decision meant that the US ensured an adequate level of protection of Schrems’s personal data. Schrems disagreed, the case went to the Irish high court and thence to the European court of justice. On Tuesday, the court decided that the safe harbour agreement was invalid. At which point the balloon went up. “This is,” writes Professor Lorna Woods, an expert on these matters, “a judgment with very far-reaching implications, not just for governments but for companies the business model of which is based on data flows. It reiterates the significance of data protection as a human right and underlines that protection must be at a high level.”
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  • This is classic lawyerly understatement. My hunch is that if you were to visit the legal departments of many internet companies today you would find people changing their underpants at regular intervals. For the big names of the search and social media worlds this is a nightmare scenario. For those of us who take a more detached view of their activities, however, it is an encouraging development. For one thing, it provides yet another confirmation of the sterling service that Snowden has rendered to civil society. His revelations have prompted a wide-ranging reassessment of where our dependence on networking technology has taken us and stimulated some long-overdue thinking about how we might reassert some measure of democratic control over that technology. Snowden has forced us into having conversations that we needed to have. Although his revelations are primarily about government surveillance, they also indirectly highlight the symbiotic relationship between the US National Security Agency and Britain’s GCHQ on the one hand and the giant internet companies on the other. For, in the end, both the intelligence agencies and the tech companies are in the same business, namely surveillance.
  • And both groups, oddly enough, provide the same kind of justification for what they do: that their surveillance is both necessary (for national security in the case of governments, for economic viability in the case of the companies) and conducted within the law. We need to test both justifications and the great thing about the European court of justice judgment is that it starts us off on that conversation.
Paul Merrell

Germany Concerned about Aggressive NATO Stance on Ukraine - SPIEGEL ONLINE - 0 views

www.spiegel.de/...ance-on-ukraine-a-1022193.html

war & peace U.S.-foreign-policy Germany Merkel Ukraine Russia propaganda Nuland Breedlove

shared by Paul Merrell on 16 Mar 15 - No Cached
  • It was quiet in eastern Ukraine last Wednesday. Indeed, it was another quiet day in an extended stretch of relative calm. The battles between the Ukrainian army and the pro-Russian separatists had largely stopped and heavy weaponry was being withdrawn. The Minsk cease-fire wasn't holding perfectly, but it was holding. On that same day, General Philip Breedlove, the top NATO commander in Europe, stepped before the press in Washington. Putin, the 59-year-old said, had once again "upped the ante" in eastern Ukraine -- with "well over a thousand combat vehicles, Russian combat forces, some of their most sophisticated air defense, battalions of artillery" having been sent to the Donbass. "What is clear," Breedlove said, "is that right now, it is not getting better. It is getting worse every day." German leaders in Berlin were stunned. They didn't understand what Breedlove was talking about. And it wasn't the first time. Once again, the German government, supported by intelligence gathered by the Bundesnachrichtendienst (BND), Germany's foreign intelligence agency, did not share the view of NATO's Supreme Allied Commander Europe (SACEUR).
  • The pattern has become a familiar one. For months, Breedlove has been commenting on Russian activities in eastern Ukraine, speaking of troop advances on the border, the amassing of munitions and alleged columns of Russian tanks. Over and over again, Breedlove's numbers have been significantly higher than those in the possession of America's NATO allies in Europe. As such, he is playing directly into the hands of the hardliners in the US Congress and in NATO. The German government is alarmed. Are the Americans trying to thwart European efforts at mediation led by Chancellor Angela Merkel? Sources in the Chancellery have referred to Breedlove's comments as "dangerous propaganda." Foreign Minister Frank-Walter Steinmeier even found it necessary recently to bring up Breedlove's comments with NATO General Secretary Jens Stoltenberg.
  • But Breedlove hasn't been the only source of friction. Europeans have also begun to see others as hindrances in their search for a diplomatic solution to the Ukraine conflict. First and foremost among them is Victoria Nuland, head of European affairs at the US State Department. She and others would like to see Washington deliver arms to Ukraine and are supported by Congressional Republicans as well as many powerful Democrats. Indeed, US President Barack Obama seems almost isolated. He has thrown his support behind Merkel's diplomatic efforts for the time being, but he has also done little to quiet those who would seek to increase tensions with Russia and deliver weapons to Ukraine. Sources in Washington say that Breedlove's bellicose comments are first cleared with the White House and the Pentagon. The general, they say, has the role of the "super hawk," whose role is that of increasing the pressure on America's more reserved trans-Atlantic partners.
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  • German foreign policy experts are united in their view of Breedlove as a hawk. "I would prefer that Breedlove's comments on political questions be intelligent and reserved," says Social Democrat parliamentarian Niels Annen, for example. "Instead, NATO in the past has always announced a new Russian offensive just as, from our point of view, the time had come for cautious optimism." Annen, who has long specialized in foreign policy, has also been frequently dissatisfied with the information provided by NATO headquarters. "We parliamentarians were often confused by information regarding alleged troop movements that were inconsistent with the information we had," he says. The pressure on Obama from the Republicans, but also from his own political camp, is intense. Should the ceasefire in eastern Ukraine not hold, it will likely be difficult to continue refusing Kiev's requests for shipments of so-called "defensive weapons." And that would represent a dramatic escalation of the crisis. Moscow has already begun issuing threats in anticipation of such deliveries. "Any weapons deliveries to Kiev will escalate the tensions and would unhinge European security," Nikolai Patrushev, secretary of Russia's national security council, told the Russian newspaper Komsomolskaya Pravda on Wednesday.
  • The German government, meanwhile, is doing what it can to influence Breedlove. Sources in Berlin say that conversations to this end have taken place in recent weeks. But there are many at NATO headquarters in Brussels who are likewise concerned about Breedlove's statements. On Tuesday of last week, Breedlove's public appearances were an official item on the agenda of the North Atlantic Council's weekly lunch meeting. Several ambassadors present criticized Breedlove and expressed their incredulity at some of the commander's statements. The government in Berlin is concerned that Breedlove's statements could harm the West's credibility. The West can't counter Russian propaganda with its own propaganda, "rather it must use arguments that are worthy of a constitutional state." Berlin sources also say that it has become conspicuous that Breedlove's controversial statements are often made just as a step forward has been made in the difficult negotiations aimed at a political resolution. Berlin sources say that Germany should be able to depend on its allies to support its efforts at peace.
  • A mixture of political argumentation and military propaganda is necessary. But for months now, many in the Chancellery simply shake their heads each time NATO, under Breedlove's leadership, goes public with striking announcements about Russian troop or tank movements. To be sure, neither Berlin's Russia experts nor BND intelligence analysts doubt that Moscow is supporting the pro-Russian separatists. The BND even has proof of such support. But it is the tone of Breedlove's announcements that makes Berlin uneasy. False claims and exaggerated accounts, warned a top German official during a recent meeting on Ukraine, have put NATO -- and by extension, the entire West -- in danger of losing its credibility.
  • Although President Obama has decided for the time being to give European diplomacy a chance, hawks like Breedlove or Victoria Nuland are doing what they can to pave the way for weapons deliveries. "We can fight against the Europeans, fight against them rhetorically," Nuland said during a private meeting of American officials on the sidelines of the Munich Security Conference at the beginning of February.
  • In reporting on the meeting later, the German tabloid Bild reported that Nuland referred to the chancellor's early February trip to Moscow for talks with Putin as "Merkel's Moscow stuff." No wonder, then, that people in Berlin have the impression that important power brokers in Washington are working against the Europeans. Berlin officials have noticed that, following the visit of American politicians or military leaders in Kiev, Ukrainian officials are much more bellicose and optimistic about the Ukrainian military's ability to win the conflict on the battlefield. "We then have to laboriously bring the Ukrainians back onto the course of negotiations," said one Berlin official.
  • uland, who is seen as a possible secretary of state should the Republicans win back the White House in next year's presidential election, is an important voice in US policy concerning Ukraine and Russia.
  • She is also very direct. She can be very keen and entertaining, but has been known to take on an undiplomatic tone -- and has not always been wrong to do so. Mykola Asarov, who was prime minister under toppled Ukrainian President Viktor Yanukovych, recalls that Nuland basically blackmailed Yanukovych in order to prevent greater bloodshed in Kiev during the Maidan protests. "No violence against the protesters or you'll fall," Nuland told him according to Asarov. She also, he said, threatened tough economic and political sanctions against both Ukraine and the country's leaders. According to Asarov, Nuland said that, were violence used against the protesters on Maidan Square, information about the money he and his cronies had taken out of the country would be made public.
  • Nuland has also been open -- at least internally -- about her contempt for European weakness and is famous for having said "Fuck the EU" during the initial days of the Ukraine crisis in February of 2014. Her husband, the neo-conservative Robert Kagan, is, after all, the originator of the idea that Americans are from Mars and Europeans, unwilling as they are to realize that true security depends on military power, are from Venus. When it comes to the goal of delivering weapons to Ukraine, Nuland and Breedlove work hand-in-hand. On the first day of the Munich Security Conference, the two gathered the US delegation behind closed doors to discuss their strategy for breaking Europe's resistance to arming Ukraine
  • On the seventh floor of the Bayerischer Hof hotel in the heart of Munich, it was Nuland who began coaching. "While talking to the Europeans this weekend, you need to make the case that Russia is putting in more and more offensive stuff while we want to help the Ukrainians defend against these systems," Nuland said. "It is defensive in nature although some of it has lethality."
  • Breedlove complemented that with the military details, saying that moderate weapons aid was inevitable -- otherwise neither sanctions nor diplomatic pressure would have any effect. "If we can increase the cost for Russia on the battlefield, the other tools will become more effective," he said. "That's what we should do here." In Berlin, top politicians have always considered a common position vis-a-vis Russia as a necessary prerequisite for success in peace efforts. For the time being, that common front is still holding, but the dispute is a fundamental one -- and hinges on the question of whether diplomacy can be successful without the threat of military action. Additionally, the trans-Atlantic partners also have differing goals. Whereas the aim of the Franco-German initiative is to stabilize the situation in Ukraine, it is Russia that concerns hawks within the US administration. They want to drive back Moscow's influence in the region and destabilize Putin's power. For them, the dream outcome would be regime change in Moscow.
Gary Edwards

The Daily Bell - Richard Ebeling on Higher Interest Rates, Collectivism and the Coming ... - 0 views

www.thedailybell.com/...tivism-and-the-Coming-Collapse

Richard-Ebeling The-Daily-Bell Austrian-Economics Liberty-Tryanny

shared by Gary Edwards on 17 Jun 13 - No Cached
  • The "larger dysfunction," as you express it, arises out of a number of factors. The primary one, in my view, is a philosophical and psychological schizophrenia among the American people.
  • While many on "the left" ridicule the idea, there is a strong case for the idea of "American exceptionalism," meaning that the United States stands out as something unique, different and special among the nations of the world.
  • the American Founding Fathers constructed a political system in the United States based on a concept on which no other country was consciously founded:
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  • But the American Revolution and the US Constitution hailed a different conception of man, society and government.
  • n the rest of the world, and for all of human history, the presumption has been that the individual was a slave or a subject to a higher authority. It might be the tribal chief; or the "divinely ordained" monarch who presumed to rule over and control people in the name of God; or, especially after the French Revolution and the rise of modern socialism, "the nation" or "the people" who laid claim to the life and work of the individual.
  • the idea of individual rights.
  • That is, as long as the individual did not violate the equal rights of others to their life, liberty and property, each person was free to shape and guide his own future, and give meaning and value to his own life as he considered best in the pursuit of that happiness that was considered the purpose and goal of each man during his sojourn on this Earth.
  • Governments did not exist to give or bestow "rights" or "privileges" at its own discretion.
  • Governments were to secure and protect each individual's rights, which he possessed by "the nature of things."
  • The individual was presumed to own himself. He was "sovereign."
  • The real and fundamental notion of "self-government" referred to the right of each individual to rule over himself.
  • Each individual, by his nature and his reason, had a right to his life, his liberty and his honestly acquired property.
  • during the first 150 years of America's history there was virtually no Welfare State and relatively few government regulations, controls and restrictions on the choices and actions of the free citizen.
  • But for more than a century, now, an opposing conception of man, society and government has increasingly gained a hold over the ideas and attitudes of people in the US.
  • It was "imported" from Europe in the form of modern collectivism.
  • The individual was expected to see himself as belonging to something "greater" than himself. He was to sacrifice for "great national causes."
  • He was told that if life had not provided all that he desired or hoped for, it was because others had "exploited" him in some economic or social manner, and that government would redress the "injustice" through redistribution of wealth or regulation of the marketplace.
  • If he had had financial and material success, the individual should feel guilty and embarrassed by it, because, surely, if some had noticeably more, it could only be because others had been forced to live with noticeably less.
  • left on its own, free competition tends to evolve into harmful monopolies and oligopolies, with the wealthy "few" benefiting at the expense of the "many."
  • They are the crises of the Interventionist-Welfare State: the attempt to impose reactionary collectivist policies of political paternalism and redistributive plunder on a society still possessing parts of its original individualist and rights-based roots.
  • it is in the form of communism's and socialism's critique of capitalism.
  • Unregulated capitalism leads to "unearned" and "excessive" profits; unbridled markets generate the business cycle and the hardships of recessions and depressions;
  • These two conflicting conceptions of man, society and government have been and are at war here in the United States.
  • And if it cannot be gotten and guaranteed through the redistributive mechanisms of the European Union and the euro, well, maybe we should return power to our own nation-states to provide the jobs, the social "safety nets" and the financial means to pay for it through, once again, printing our own national paper currencies.
  • This is the political-philosophical bankruptcy of the West and the dead ends of the collectivist promises of the last 100 years.
  • Ludwig von Mises's book, Socialism: An Economic and Sociological Analysis, originally published in 1922, demonstrated how and why a socialist, centrally planned system was inherently unworkable.
  • The nationalization of productive property, the abolition of markets and the prohibition of all competitive exchange among the members of society would prevent the emergence and operation of a price system, without which it is impossible to know people's demands for desired goods and the relative value they place on them.
  • It also prevents the emergence of prices for the factors of production (land, labor, capital) and makes it impossible to know their opportunity costs – the value of those factors of production in alternative competing uses among entrepreneurs desiring to employ them.
  • Without such a price system the central planners are flying blind, unable to rationally know or decide how best to utilize labor, capital and resources in productively efficient ways to make the goods and services most highly valued by the consuming public.
  • Thus, Mises concluded, comprehensive socialist central planning would lead to "planned chaos."
  • And, therefore, there is no guarantee that the amount of investments undertaken and their time horizons are compatible with the available resources not also being demanded and used for more immediate consumer goods production in the society.
  • As a consequence, financial markets do not work like real markets.
  • Thus, the interventionist state leads to waste, inefficiency and misuses of resources that lower the standards of living that we all, otherwise, could have enjoyed.
  • We cannot be sure what the amount of real savings may be in the society to support real and sustainable investment and capital formation.
  • Government intervention prevents prices from "telling the truth" about the real supply and demand conditions thus leading to imbalances and distortions in the market.
  • We cannot know what the "real cost" of borrowing should be, since interest rates are not determined by actual, private sector savings and investment decisions.
  • Government production regulations, controls, restrictions and prohibitions prevent entrepreneurs from using their knowledge, ability and capital in ways that most effectively produce the goods consumers actually want and at the most cost-competitive prices possible.
  • This is why countries around the world periodically experience booms and busts, inflations and recessions − not because of some inherent instabilities or "irrationalities" in financial markets, but because of monetary central planning through central banking that does not allow market-based financial intermediation to develop and work as it could and would in a real free-market setting.
  • But in the United States and especially in Europe, government "austerity" means merely temporarily reducing the rate of increase in government spending, slowing down the rate at which new debt is accumulating and significantly raising taxes in an attempt to close the deficit gap.
  • The fundamental problem is that over the decades, the size and scope of governments in the Western world have been growing far more than the rates at which their economies have been expanding, so that the "slice" of the national economic "pie" eaten by government has been growing larger and larger, even when the "pie" in absolute terms is bigger than it was, say, 30 or 40 years ago.
  • European governments, in general, take the view that "austerity" means squeezing the private sector more through taxes and other revenue sources to avoid any noticeable and significant cuts in what government does and spends.
  • So there is "austerity" for the private sector and a mad rush for financial "safety nets" for the government and those who live off the State.
  • In reality, of course, it is the burdens of government regulation, taxation and impediments to more flexible labor and related markets that have generated the high unemployment rates and the retarded recovery from the recession.
  • Instead, the "common market" ideal has been transformed into the goal of a European Union "Super-State" to which the individual countries and their citizens would be subservient and obedient.
  • Keynesian policies offer people and politicians what they want to hear. Claiming that any sluggish business or lost jobs are due to a lack of "aggregate demand," Keynes argued that full employment and profitable business could only be reestablished and maintained through "activist" government monetary and fiscal policy – print money and run budget deficits.
  • What Britain and Europe should have as its goal is the ideal of the classical liberal free traders of the 19th century – non-intervention by governments in people's lives, at home and abroad. That is, a de-politicization of society, so people may freely work, trade and travel as they peacefully wish, with government merely the protector of people's individual rights.
  • Take the benefits away and tell people they are free to come and work to support themselves and their families. Restore more flexibility and competitiveness to labor markets and reduce taxes and business regulations.
  • Then those who come to Britain's shores will be those wanting freedom and opportunity without being a burden upon others.
  • What was needed was a change in ideas from the statist mentality to one of individual freedom and unhampered free markets.
  • In an epoch of collectivist ideas, don't be surprised if governments regulate, control, intervene and redistribute wealth.
  • The tentacle of regulations, restrictions and politically-correct social controls are spreading out in every direction from Brussels and its European-wide manipulating and mismanaging bureaucracy.
  • In the name of assuring "national prosperity," politicians could spend money to buy the votes that get them elected and reelected to government offices.
  • And every special interest group could make the case that government-spending programs that benefitted them were all reasonable and necessary to assure a fully employed and growing economy.
  • Furthermore, the Keynesian rationale for government deficit spending enabled politicians to seem to be able to offer something for nothing. They could offer, say, $100 of government spending to voters and special interest groups but the tax burden imposed in the present might only be $75, since the remainder of the money to pay for that government spending was borrowed. And that borrowed money would not have to be repaid until some indefinite time in the future by unspecific taxpayers when that "tomorrow" finally arrived.
  • instability
  • Keynes argued that the market economy's inherent
  • arose from the
  • who were subject to irrational and unpredictable waves of "optimism" and "pessimism."
  • animal spirits" of businessmen
  • Mises argued that there was nothing inherent in the market economy to bring about these swings of economic booms followed by periods of depression and unemployment.
  • If markets got out of balance with the necessity of an eventual correction in the economy to, once again, set things right, the source of this instability was government monetary policy.
  • Central banks too often followed a policy of trying to create "good times" in the economy by expanding the money supply through the banking system.
  • With new, excess funds created by the central bank available for lending, banks lower rates of interest to attract borrowers.
  • But this throws savings and investment out of balance, since the rate of interest no longer serves as a reliable indicator and signal concerning the availability of real savings in the economy in relation to those wanting to borrow funds for various investment purposes.
  • The economic crisis comes when it is discovered that all the claims on resources, capital and labor for all the attempted consumption and investment activities in the economy are greater than the actual and available amounts of such scarce resources.
  • The recession period, in Mises's view, is the necessary "correction" period when in the post-boom era, people must adapt and adjust to the newly discovered "real" supply and demand conditions in the market.
  • Any interference with the "rebalancing" of the economy by government raising taxes, imposing more regulations, or new artificial government "stimulus" activities merely makes it more difficult and time-consuming for people in the private sector to get the economy back on an even keel.
  • Friedrich A. Hayek, once observed, unemployment is not "caused" by stopping an inflation, but rather inflation induces the artificial employments that cannot be sustained and which inevitably disappear once the inflation is reined in.
  • The recession of 2008-2009 was the result of several years of central bank stimulus.
  • From 2003 to 2008, the Federal Reserve increased the money supply by about 50 percent.
  • Interest rates for much of this time, when adjusted for inflation, were either zero or negative.
  • Awash in cash, banks extended loans to virtually anyone, with no serious and usual concern about the borrower's credit-worthiness.
  • This was most notably true in the housing market, where government agencies like Fannie May and Freddie Mac were pressuring banks to make mortgage loans by promising a guarantee that they would make good on any bad home loans.
  • Since 2008-2009, the Federal Reserve has, again, turned on the monetary spigot, increasing its own portfolio by almost $3 trillion, by buying US Treasuries, US mortgages and other assets.
  • So why has there not been a complementary explosion of price inflation?
  • In some areas there has been, most clearly in the stock market and the bond market, But the reason why all that newly created money has not brought about a higher price inflation is due to the fact that a large part of all newly created money is sitting as unlent reserves in banks.
  • This is because the Federal Reserve has been paying banks a rate of interest slightly above the market interest rates to induce banks not to lend.
  • (a) general "regime uncertainty," that is, no one knows what government policy will be tomorrow; will ObamaCare be fully implemented after January 2014?;
  • Among the reasons for the sluggish jobs growth in the US are:
  • (b) what will taxes be for the rest of the current president's term in the White House
  • (c) what will the regulatory environment be like for the next three years – in 2012, the government implemented around 80,000 pages of regulations as printed in the Federal Registry;
  • (d) how will the deficit and debt problems play out between Congress and the White House and will it threaten the general financial situation in the country; an
  • (e) what wars, if any, will the government find itself involved in, in places like the Middle East?
  • China
  • is still a controlled and commanded society, with a government that works hard to try to determine what people read, see and think.
  • All these building projects have been brought into existence by a government that not only controls the money supply and manipulates interest rates but also heavy-handedly tells banks whom to specifically loan to and for what investment activities.
  • Central planning is alive and well in China, with the motives being both power and profits for those inside and outside the Communist Party having the most influence and connections in "high" places.
  • In my opinion, China is heading for a great economic crisis, resulting from a highly imbalanced and distorted economic system still guided far more by politics than sound market decision-making.
  • global financial markets in any foreseeable future. It is a money that still primarily exists to serve the political purposes of those who sit in the "inner circles" of power in Beijing.
  • One hundred years ago, in 1913, how many could have predicted that a year later a European-wide war would break out that would lead to the destruction of great European empires and set the stage for the rise of totalitarian collectivism that resulted in an even worse global war two decades later?
  • Thus, whether, at the end of the day, freedom triumphs and the future is one of liberty and prosperity is partly on each one of us.
  • Near the end of his great book, Socialism, Ludwig von Mises said:
  • "Everyone carries a part of society on his shoulders; no one is relieved of his share of responsibility by others. And no one can find a safe way out for himself if society is sweeping towards destruction. Therefore, everyone, in his own interest, must thrust himself vigorously into the intellectual battle. None can stand aside with unconcern; the interests of everyone hang on the result. Whether he chooses or not, every man is drawn into the great historical struggle, the decisive battle into which our epoch has plunged us . . . Whether society shall continue to evolve or where it shall decay lies . . . in the hands of man."
  • In my view, the idea of a "soft landing" is an illusion based on the idea held by central bankers, themselves, that they have the wisdom and ability to know how to "micro-manage" the all the changes and adjustments resulting from their own manipulations of the monetary aggregates. They do not have this wisdom and ability. So hold on for what is most likely to be another rocky road.
  • It was Mises's clear vision that once society has broken the relationship between value and payment, sooner or later people would not know the price of anything.
  • At this point, investment ceases and business becomes furtive and transactional.
  • People cannot plan for the future because they do not understand the reality of the present.
  • Society begins to sink.
  • Gary Edwards on 17 Jun 13
     
    Incredible.  A simple explanation that explains everything.  Rchard Ebeling's "Unified Theory of Everything" is something every American can understand.  If only they would take a break from "Dancing with the Stars" and pay attention to the future of their country and the world.  It's a future where either "individual freedom", as defined by our Constitution and Declaration of Independence, will win out; or, the forces of fascist socialism / marxism will continue to roll and rule.  Incredible read!!!!
Paul Merrell

Israeli Banks flipping out over looming European boycott - Mondoweiss - 0 views

mondoweiss.net/...flipping-looming-european

war & peace Israel Palestine EU BSD banksters

shared by Paul Merrell on 12 Aug 15 - No Cached
  •      The Israeli newspaper Ma’ariv (Hebrew) has a splashing headline today warning that Israeli banks are preparing for a “political-economic tsunami”  due to the possibility of an impending European boycott. Unsurprisingly, the banks – Israel’s largest – have been holding meetings amongst themselves to prepare for this tsunami, albeit “quietly and under the radar”. According to Ma’ariv there is “increasing evidence in recent weeks” that the European Union is considering recommendations published in a policy paper last month by the European Council on Foreign Relations (ECFR). Heavily reported at the time (our coverage here), ECFR’s policy paper warned that transactions between European states and Israeli financial institutions are obligated to adhere to EU policies based on international law when providing loans and financing to Israeli businesses, institutions and individuals in transaction with the illegal Israeli settlements enterprise. An unnamed senior banking official told Ma’ariv, “Beneath the surface this is a mega-event” and if this should happen the economic implications on the banks will have a “massive” impact on the Israeli economy.
  • This is same tsunami we’ve been hearing about for years now. The timing of the article is somewhat intriguing given there was no information provided indicating what this “increasing evidence” is. But there was this rather curious tickler (google translate): Further deterioration in relations between Israel and the United States downplays the chances that the Americans will try to curb this European action. Maybe the opposite is true. According to various diplomatic sources, the Americans have actually released the reins on Europe and are encouraging Europe to intensify its operations against the continuation of Israel’s settlement policy in the territories. Do tell. One wonders if an increase in pressure might be in relation to Israeli influence over looming U.S. congressional legislation seeking to tank the P5+1 deal with Iran over their nuclear program.
  • Quoting officials in the Israeli banking system, this is a national issue; there are no banks in Israel not involved in the settlements and there’s “no trick that can solve this affair”:
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  • “Credit marking” means that each Israeli bank which provides mortgage for the purchasing of an Apartment in Maale Adumim, Ariel, certain Places in Modi’in etc. enters the blacklist. The Europeans include also Jerusalem, Ariel, Golan heights, road 443 and parts of road 1 under the term “conquered territory”. There is not a bank in Israel that is not involved in activities in these areas. Every credit given to a business, every mortgage, can mean the bank risks a European boycott. “It has an enormous implication”, a senior in the banking system says, “the meaning of this is a siege upon the Israeli economy, a kind of SHUT DOWN. In such a situation we will have to organise and refer to the PM. Solutions for such an issue can only come in the national arena. It’s already far more than a just a financial issue per se. The assessment is, that soon the banking system will exit the bunker and attempt to form an organised policy vis-a-vis the government. In such a situation, it is expected that heads of the banks will meet with the Finance Minister and PM and discuss a “credit and financial safety net for the banks against the new danger”. It is doubtful whether the government is able to produce such a safety net. “We must admit that this is a national issue, we too are aware that there is no trick that can solve this affair”, they say in the banking system, “but this does not lessen our concern. We are speaking about a mega-event which we must prepare towards and digest. This is what we are currently trying to do”.
  • English translation of Ma’ariv’s article, provided by Jonathan Ofir
  • Paul Merrell on 12 Aug 15
     
    If this happens, will the Israel-firsters in Congress ride to the rescue of the Israeli banks?
Paul Merrell

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

www.connection-ev.org/article-2035

war & peace ECJ war-crimes deserters asylum

shared by Paul Merrell on 12 Nov 14 - No Cached
  • 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.
  • Paul Merrell on 12 Nov 14
     
    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

A Distorted Lens Justifying An Illegitimate Ukrainian Government - 0 views

www.mintpressnews.com/...186661

war & peace Ukraine coup snipers

shared by Paul Merrell on 19 Mar 14 - No Cached
  • Support it or oppose it, a coup d’état took place in Kiev after an EU-brokered agreement was signed by the Ukrainian government and the mainstream opposition on Feb. 21. The agreement called for power sharing between both sides through the formation of a national unity government and for an end to the opposition-led street protests in Kiev. President Viktor Yanukovych ordered the Ukrainian police and security forces to withdraw from their positions, and even earlier, he had made multiple concessions to the opposition leadership. Instead of keeping its end of the bargain, the Ukrainian mainstream opposition executed a coup through the use of violence by organized ultra-nationalist gangs, which some analysts have compared to stay-behinds or secretive militias that were created by NATO during the Cold War. These armed ultra-nationalist groups took over administrative bodies in Ukraine and fought until they managed to oust the Ukrainian government and opened the path for opposition leaders to take power on Feb. 25. The Ukrainian mainstream opposition used the EU-brokered agreement, which the Brussels-based European Commission deliberately refused to enforce, as a means of justifying the formation of a coup-imposed government.
  • In the absence of almost half the Ukrainian Verkhovna Rada, or Ukrainian Parliament, the opposition parties began to arbitrarily pass unconstitutional laws. They also unconstitutionally selected Oleksandr/Aleksandr Valentynovych Turchynov as the acting president of Ukraine before President Viktor Yanukovych was even impeached. Intimidation and violence were additionally used to secure the cooperation of any disagreeing parliamentarians or state officials in Kiev. Saying that the ultra-nationalists and fascists are marginal elements, the mainstream media networks in North America and the European Union have simply dismissed the armed ultra-nationalist groups involved in the coup that are presently integrated into the putsch regime running Kiev. The militant ultra-nationalists, however, are very influential and amassing power under the illegal premiership of Arseniy Yatsenyuk.  Yatsenyuk, himself, is from Yulia Tymoshenko’s notoriously corrupt All-Ukrainian Union Fatherland Party (Batkivshchyna) and essentially a U.S. and EU appointee. There is even a pre-coup leaked telephone interception, likely either recorded by the intelligence services of Russia or Ukraine, in which U.S. Assistant Secretary of State Victory Nuland says that Yatsenyuk will be appointed as the prime minister of the Ukrainian government that the U.S. is putting together.
  • It is unlikely that Yatsenyuk and the loosely-knit alliance of the governing parties that ran Ukraine under the Yushchenko-Tymoshenko governments, foreign-based Ukrainians, and the forces behind the Orange Revolution that form the Orangist camp which he belongs to could have gotten back into power in Ukraine without pressure, the use of force and foreign backing. Yatsenyuk was even threatened and booed by the Ukrainians gathered at Independence Square when it was announced that he would be appointed as the prime minister of the post-coup government. A vast segment of the protesters made it clear that Tymoshenko, Yatsenyuk’s party leader, was no alternative to the ousted President Viktor Yanukovych in their eyes, either, when it was announced that she wanted to run for prime minister. The Orangists do not have the support of a majority of the population, nor did they form the parliamentary majority in the Verkhovna Rada. Their Orangist president, Viktor Yushchenko, only got 5 percent of the vote in January 2010, in a show of no-confidence, whereas Viktor Yanukovych won the first and second rounds of the presidential elections in 2010. According to Victoria Nuland, the U.S. has also poured $5 billion into “democracy promotion” inside Ukraine. This is U.S. State Department doublespeak for politicized funding that Washington has sent to Ukraine to organize the Orange Revolution and its Euromaidan sequel or what can frankly be described as regime change.
  • ...10 more annotations...
  • To rule Ukraine once more, the Orangists and their foreign backers have used and manipulated the ultra-nationalist elements of the population — some of which are openly anti-European Union — as their foot soldiers in an application of force against their democratically-elected opponents. Despite their views, the ultra-nationalists are actually more honest than the Orangist liberal figures like Arseniy Yatsenyuk. Unlike the misleading and utterly corrupt Orangist leaders, the ultra-nationalists do not hide their agendas and platforms.
  • The ultra-nationalists have inconsolably anti-Russian attitudes. Many of them also dislike a vast spectrum of other groups, including Jews, Armenians, Roma, Poles, Tatars, supporters of the Party of Regions and communists. In this context, it should come as no surprise that one of the first decisions that the post-coup regime in Kiev made was to remove the legal status of the Russian language as the regional language of half of Ukraine. Right Sector is, itself, a coalition of militant ultra-nationalists. These militants were instrumental in fighting government forces and taking over both government buildings in Kiev and regional governments in the western portion of Ukraine. Despite the protests of First Deputy Defense Minister Oleynik, Deputy Defense Minister Mozharovskiy and Defense Minister Babenk, Arseniy Yatsenyuk’s post-coup government has even given the ultra-nationalist opposition militias official status within the Ukrainian military and security forces. Yatsenyuk and the Orangists also dismissed all the officials that protested that the move would fracture the country and make the political divide in Ukraine irreversible.
  • Several members of Svoboda have been given key cabinet and government posts. One of the two junior deputy prime ministers, or assistant deputy prime ministers, is Oleksandr Sych. The ministry of agriculture and food has been given for management to Ihor Shvaika. The environment and natural resources ministry has been assigned to Andry/Andriy Mokhnyk. The defense minister is Ihor Tenyukh, a former admiral in the Ukrainian Navy who obstructed Russian naval movements in Sevastopol during the Russo-Georgian War over South Ossetia and who was later dismissed by the Ukrainian government for insubordination. Oleh Makhnitsky, another member of Svoboda, has been assigned as the new prosecutor-general of Ukraine by the coup government. Andry Parubiy, one of the founders of Svoboda, is now the post-coup secretary of the National Security and Defense Council of Ukraine (RNBO). He was the man controlling the so-called “Euromaidan security forces” that fought government forces in Kiev. His job as secretary is to represent the president and act on his behalf in coordinating and implementing the RNBO’s decisions. As a figure, Parubiy clearly illustrates how the mainstream opposition in Ukraine is integrated with the ultra-nationalists. Parubiy is an Orangist and was a leader in the Orange Revolution. He has changed parties several times. After founding Svoboda, he joined Viktor Yushchenko’s Our Ukraine before joining Yulia Tymoshenko’s Fatherland Party and being elected as one of the Fatherland Party’s deputies, or members of parliament.
  • While the mainstream media in North America and the EU look the other way about the ultra-nationalists in the coup government in Kiev, the facts speak for themselves. Both the EU and the U.S. governments have rubbed their elbows with the ultra-nationalists. Oleh Tyahnybok, the leader of Svoboda (formerly the Social Nationalist Party of Ukraine), was even part of the opposition triumvirate that all the U.S. and EU officials visiting Kiev met with while performing their political pilgrimages to Ukraine to encourage the protesters to continue with their demonstrations and riots demanding Euro-Atlantic integration. Svoboda has popularly been described as a neo-Nazi grouping. The World Jewish Congress has demanded that Svoboda be banned. The ultra-nationalist party was even condemned by the EU’s own European Parliament, which passed a motion on Dec. 13, 2012 categorically condemning Svoboda.
  • The ultra-nationalists are such an integral part of the mainstream opposition that the U.S.-supported Orangist president of Ukraine, Viktor Yushchenko, posthumously awarded the infamous Nazi collaborator Stepan Bandera the title and decoration of the “Hero of Ukraine” in 2010. Foreign audiences, however, would not know that if they relied on reportage from the likes of the U.S. state-run Radio Free Europe, which tried to protect Yushchenko because he wanted to reorient Ukraine toward the U.S. and EU. Parubiy also lobbied the European Parliament not to oppose Yushchenko’s decision. Other smaller ultra-nationalists parties were also given government posts, and several of the independent cabinet members are also aligned to these parties. Dmytro Yarosh from Right Sector (Pravyi Sektor) is the deputy secretary of the RNBO, and the Trizub Party was given the education ministry. Trizub had Sergey Kvit appointed to the post of education minister.
  • The role of the ultra-nationalists in executing the coup has been essentially ignored by the mainstream media in North America and the EU. The roots of the bloodshed in Kiev have been ignored, too. The shootings of protesters by snipers have simply been presented as the vile actions of the Ukrainian government, never taking into consideration the agitation of the armed ultra-nationalist gangs and the mainstream opposition leaders for a conflict. According to a leaked telephone conversation on Feb. 26 between Estonian Foreign Minister Urmas Paet and European Union Commissionaire Catherine Ashton, which was leaked by the Security Service of Ukraine (SBU) , the snipers who shot at protesters and police in Kiev were allegedly hired by Ukrainian opposition leaders. Estonian Foreign Minister Paet made the statements on the basis of details he was given by one of the head doctors of the medical team of the anti-government protests, Olga Bogomolets, an opponent of Viktor Yanukovych’s government who wanted it removed from power. Paet tells Ashton the following first: “There is now stronger and stronger understanding that behind the snipers, it was not Yanukovych, but it was somebody from the new coalition.” This is also corroborated by the fact that Yanukovych actually had ordered the Ukrainian riot police and security forces not to use lethal force.
  • The Estonian official then mentions that it was verified to him that the same snipers were killing people on both sides. He tells Ashton the following: “And second, what was quite disturbing, this same Olga [Bogomolets] told as well that all the evidence shows that the people who were killed by snipers from both sides, among policemen and then people from the streets, that they were the same snipers killing people from both sides.” Another important point that Paet makes to Ashton is the following: “[Dr. Olga Bogomolets] then also showed me some photos she said that as a medical doctor she can say that it is the same handwriting, the same type of bullets, and it’s really disturbing that now the new coalition, that they don’t want to investigate what exactly happened.” Past reports that the mainstream media were hostile to the ousted Ukrainian government also raise serious questions that corroborate what has been said about the snipers intentionally killing protesters to instigate regime change.
  • The Telegraph reported on Feb. 20 that “[a]t least three of the bodies displayed single bullet wounds to the heads,” and “were shot in the head, the neck or the heart. None were shot anywhere else like in the legs.” This means that the snipers were making kill shots by design, which seems like the last thing that the Ukrainian government would want to do when it was trying to appease the protesters and bring calm to Kiev. The Ukrainian journalist Alexey Yaroshevsky’s account of the sniper shootings is also worth noting, and it is backed up by footage taken by his Russian crew in Kiev.  Their footage shows armed opposition members running away from the scene of the shooting of anti-government protesters. What comes across as unusual is that the armed members of the opposition were constantly agitating to start firefights at every opportunity that they could get.
  • The commandant of the SSU, Major-General Oleksandr Yakimenko, has testified that his counter-intelligence forces were monitoring the CIA in Ukraine during the protests. According to the SSU, the CIA was active on the ground in Kiev and collaborating with a small circle of opposition figures. Yakimenko has also said that it was not the police or government forces that fired on the protesters, but snipers from the Philharmonic Building that was controlled by the opposition leader Andriy Parubiy, which he asserts was interacting with the CIA. Speaking to the Russian media, Yakimenko said that 20 men wearing “special combat clothes” and carrying “sniper rifle cases, as well as AKMs with scopes” ran out of the opposition-controlled Philharmonic Building and split into two groups of 10 people, with one taking position at the Ukraine Hotel. The anti-government protesters even saw this and asked Ukrainian police to pursue them, and even figures from Right Sector and Svoboda asked Yakimenko’s SSU to investigate and apprehend them, but Parubiy prevented it. Major-General Yakimenko has categorically stated that opposition leaders were behind the shootings. Following the release of the conversation between Paet and Ashton, the Estonian Foreign Ministry confirmed that the leak was authentic, whereas the European Commission kept silent. The mainstream media in North America and the EU either ignored it or said very little. The Telegraph even claimed that Dr. Bogomolets told it that she had not treated any government forces even though she contradicts this directly in an interview with CNN where says she treated military personnel.
  • CNN, on the other hand, quickly glossed over the story, giving it only enough attention to create the impression that the network is fairly covering the news. Opting not to give the story the airtime that it deserved, CNN instead posted it on its webpage. The conversation is immediately discredited, undermined and dismissed in the first sentence of the article, which is attributed to Foreign Minister Paet: “Don’t read too much into the conversation.” The article was deliberately structured by CNN to undermine the important information that would challenge the narrative that the U.S. mainstream media have been painting. The title, sub-titles and opening sentences of most texts act as microcosms or summaries of the articles, and in many cases, readers evaluate or decide to read the articles on the basis of what these texts communicate. Moreover, the first sentence of the article sets the tempo for readers and and influences their opinion, too. Although anyone who listens to the conversation between Paet and Ashton and considers the evidence that is being discussed would realize just how important the news was, the message being set forth by CNN was a dismissive one.
Paul Merrell

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

www.theguardian.com/...u-rules-data-us-edward-snowden

surveillance state NSA GCHQ NSA-blowback EU

shared by Paul Merrell on 19 Oct 13 - No Cached
  • 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

BBC News - Farage: UKIP has 'momentum' and is targeting more victories - 0 views

www.bbc.com/...uk-politics-27567744

Auction-2014 UK UKIP EU

shared by Paul Merrell on 27 May 14 - No Cached
  • The UK Independence Party is a truly national force and has "momentum" behind it, Nigel Farage has said after its victory in the European elections. Hailing a "breakthrough" in Scotland and a strong showing in Wales, he said UKIP would target its first Westminster seat in next week's Newark by-election. Lib Dem leader Nick Clegg has said he will not resign after his party lost all but one of its 12 MEPs. He said he was not going to "walk away" from the job despite the poor results. Mr Farage has been celebrating his party's triumph in the European polls, the first time a party other than the Conservatives or Labour has won a national election for 100 years.
  • The UK Independence Party is a truly national force and has "momentum" behind it, Nigel Farage has said after its victory in the European elections. Hailing a "breakthrough" in Scotland and a strong showing in Wales, he said UKIP would target its first Westminster seat in next week's Newark by-election. Lib Dem leader Nick Clegg has said he will not resign after his party lost all but one of its 12 MEPs.
  • The UK Independence Party is a truly national force and has "momentum" behind it, Nigel Farage has said after its victory in the European elections. Hailing a "breakthrough" in Scotland and a strong showing in Wales, he said UKIP would target its first Westminster seat in next week's Newark by-election. Lib Dem leader Nick Clegg has said he will not resign after his party lost all but one of its 12 MEPs. He said he was not going to "walk away" from the job despite the poor results.
  • ...13 more annotations...
  • UKIP won 27.5% of the vote and had 24 MEPs elected. Labour, on 25.4%, has narrowly beaten the Tories into third place while the Lib Dems lost all but one of their seats and came sixth behind the Greens. With Northern Ireland yet to declare its results, the election highlights so far have been: Far-right, anti-EU parties, including the Front National in France, made gains across Europe, as did anti-austerity groups from the left Labour has 20 MEPs so far, an increase of seven on 2009, which was a record low point for the party It topped the poll in Wales by a narrow margin from UKIP. The SNP won two seats in Scotland, where UKIP also won its first MEP
  • The Conservatives have so far secured 24% of the vote nationally and lost seven seats The Lib Dems slumped to fifth place The Green Party came fourth and has got three MEPs - one more than it achieved in 2009. BNP leader Nick Griffin lost his seat as the party was wiped out, the English Democrats also saw their vote share fall
  • Mr Farage has said his party intends to build on what he has described as "the most extraordinary result" in British politics in the past century.
  • Speaking in London at an election rally, he said his party now appealed to all social classes and had made significant inroads in Wales and Scotland as well as winning the most votes in England.
  • He said the party was aiming to win the Newark by-election next week, to try and "turn the heat" up on David Cameron. They would target a dozen or more seats in next year's general election, he added. "Our game is to get this right, to find the right candidates, and focus our resources on getting a good number of seats in Westminster next year. "If UKIP do hold the balance of power, then indeed there will be a (EU) referendum."
  • Mr Farage said Labour would come under "enormous pressure" to offer the voters a referendum on Europe, and he said he did not believe Nick Clegg would still be Lib Dem leader at the general election. "The three party leaders are like goldfish that have been tipped out of their bowl onto the floor and are gasping for air," he said.
  • Mr Clegg is facing calls to stand down after Sunday night's results, with MP John Pugh saying the "abysmal" performance meant the Lib Dem leader should make way for Vince Cable. But Mr Clegg said he had no intention of stepping down despite the "gut-wrenching" loss of most of the party's representatives in Brussels. "Of course it's right to have searching questions after such a bad set of results," he said. "But the easiest thing in politics when the going gets really really tough is to wash your hands of it and walk away, but I'm not going to do that and neither is my party."
  • Lib Dem Business Secretary Vince Cable added: "These were exceptionally disappointing results for the party. Many hard-working Liberal Democrats, who gave this fight everything they had and then lost their seats, are feeling frustrated and disheartened and we all understand that." Mr Clegg "deserves tremendous credit" for having been bold enough to stand up to "the Eurosceptic wave which has engulfed much of continental Europe", he said. The party had taken a "kicking for being in government with the Conservatives", but must now "hold its nerve", he said.
  • Reacting to his third place, David Cameron said the public was "disillusioned" with the EU and their message had been "received and understood", but he rejected calls to bring forward his proposed in/out EU referendum to 2016.
  • After UKIP's success, the Tory leadership is facing renewed calls for an electoral pact with their rivals to avoid a split in the right of British politics at next year's general election. Daniel Hannan, who was returned as a Tory MEP in the South East region, said it would be "sad" if the two parties "were not able to find some way, at least in marginal seats, of reaching an accommodation so that anti-referendum candidates don't get in with a minority of votes". But Mr Cameron said it was a "myth" that the two parties had a shared agenda. Labour was looking at one stage as if it might be beaten into third place by the Tories - a potentially disastrous result for Ed Miliband as he seeks to show he can win next year's general election. But the party was rescued by another strong showing in London - and it took heart from local election results in battleground seats, which party spokesmen suggested were a better guide to general election performance.
  • Mr Miliband said the party was "making progress" but had "further to go" if it was to prevail in next year's general election. He said the outcome of the elections was about more than Europe and his party must respond to a "desire for change" over a wide range of issues. BNP leader Nick Griffin lost his seat and saw his party's vote collapse by 6% in the North West of England. Anti-EU parties from the left and right have gained significant numbers of MEPs across all 28 member states in the wake of the eurozone crisis and severe financial squeeze. However, pro-EU parties will still hold the majority in parliament. Turnout across the EU is up slightly at 43.1%, according to estimates. Turnout in the UK was 33.8%, down slightly on last time.
  • In the European elections five years ago, the Conservatives got 27.7% of the total vote, ahead of UKIP on 16.5%, Labour on 15.7%, the Lib Dems on 13.7%, the Green Party on 8.6% and the BNP on 6.2%.
  • Eurosceptic 'earthquake' rocks EU Under pressure Clegg: I won't quit Miliband: Labour 'making progress' Cameron: We can still win in 2015 BNP wiped out in Euro elections UKIP looks to Westminster after win Calls for Clegg to quit 'ridiculous' Immigration target
  • Paul Merrell on 27 May 14
     
    UKIP sets the wheels to rocking on apple carts in the UK and EU, winning 24 of UK's 73 seats in the European Parliament and hundreds of seats in UK community governments, all at the expense of the front-running three parties in the UK's 2009 election.   Wikipedia: The UK Independence Party (UKIP) is a [hard] Eurosceptic, right-wing populist political party in the United Kingdom, founded in 1993. The party describes itself in its constitution as a "democratic, libertarian party." Now if we could just begin to see a NATO-sceptic party emerging across Europe ...  
Paul Merrell

11,000 Icelanders Offer To House Syrian Refugees - 0 views

theantimedia.org/offer-to-house-syrian-refugees

war & peace refugees Europe Iceland Syria

shared by Paul Merrell on 05 Sep 15 - No Cached
  • The Icelandic government is reconsidering its national refugee quota after a social media campaign resulted in over 11,000 Icelanders offering up a room in their homes to refugees. As Europe struggles to cope with unprecedented levels of those seeking shelter, residents of the sparsely populated Nordic island country resorted to direct action to pressure their leaders. Iceland was recently awarded the title of “most peaceful country” in the Global Peace Index, with Syria ranking the least peaceful. With a population of 330,000 — less than many European cities — the country’s government had previously stated it could only take in 50 people this year. Taking matters into their own hands, over 16,000 Icelanders joined a Facebook page created on Sunday to pressurize the Icelandic government into accepting more refugees. In addition to offering rooms in homes, people have pledged financial support with air fares, language teaching, clothing, food, and toys, and the page has been inundated with messages of gratitude from Syrians, some of whom are writing from refugee camps. As a result of the outpouring of support, Icelandic Prime Minister Sigmundur David Gunnlaugsson announced that a committee is being formed to re-assess the country’s current policy.
  • Undoubtedly, thousands of people across the globe are equally horrified. Inspired by Iceland’s example, social media campaigns have sprung up and united those who are dismayed by the pitiful humanitarian response to the crisis. As distressing images and stories of the hurdles and barriers faced at every turn by those seeking sanctuary saturate the European press, similar schemes have snowballed throughout Europe. In Britain, more and more people are condemning the government’s shameful response to the crisis — a response particularly ironic considering most refugees are fleeing conflicts that the U.K.’s imperialist interventions have directly contributed to. .BottomResponsiveBanner { width: 300px; height: 250px; } @media (min-width:420px) { .BottomResponsiveBanner { width: 336px; height: 280px; } } @media (min-width:1300px) { .BottomResponsiveBanner { width: 728px; height: 90px; } } Not prepared to sit back, groups like Citizens UK are pressuring U.K. leaders to step up to the plate. More than 250,000 Brits have signed a petition calling for Britain to take its fair share of Syrian refugees. Ireland’s ”Pledge a Bed” campaign was overwhelmed with thousands of offers of spare rooms within hours of its launch while hundreds of Germans have offered to share their homes on the Refugees Welcome website.
  • Swiftly following suit and not to be outdone, offers of support haven’t stopped at Europe’s shores. A U.S. group called Open Homes, Open Hearts US – for Syrian refugees launched earlier this week. With no easy answers and no end in sight, the political firestorm will continue, as will the global outrage at the humanitarian tragedy. The only thing clear is that if the West were prepared to accept more refugees, desperate families wouldn’t be forced to rely on smugglers or to climb into perilous boats and refrigeration lorries.
  • Paul Merrell on 05 Sep 15
     
    Many reports in the last couple of weeks show that a wave of sympathy for war refugees is sweeping Europe in reaction to government efforts to prevent refugees from reaching Europe and forcing those already there into guarded camps. And the connection of those refugees to European foreign policy and participation in wars in the Mideast is being made. The propaganda paint of NATO nations waging "humanitarian" wars in the Mideast is definitely chipping off. 
Paul Merrell

U.S. urges allies to think twice before joining China-led bank - Yahoo Finance - 0 views

finance.yahoo.com/...taly-join-china-002209014.html

economic-warfare dedollarization AIIB Germany France Italy Luxembourg EC

shared by Paul Merrell on 20 Mar 15 - No Cached
  • (Reuters) - The United States urged countries on Tuesday to think twice about signing up to a new China-led Asian development bank that Washington sees as a rival to the World Bank, after Germany, France and Italy followed Britain in saying they would join. The concerted move by U.S. allies to participate in Beijing's flagship economic outreach project is a diplomatic blow to the United States and its efforts to counter the fast-growing economic and diplomatic influence of China. Europe's participation reflects the eagerness to partner with China's economy, the world's second largest, and comes amid prickly trade negotiations between Brussels and Washington.
  • European Union and Asian governments are frustrated that the U.S. Congress has held up a reform of voting rights in the International Monetary Fund that would give China and other emerging powers more say in global economic governance.
  • Washington insists it has not actively discouraged countries from joining the new bank, but it has questioned whether the Asian Infrastructure Investment Bank (AIIB) will have sufficient standards of governance and environmental and social safeguards. "I hope before the final commitments are made anyone who lends their name to this organization will make sure that the governance is appropriate," Treasury Secretary Jack Lew told U.S. lawmakers. Lew warned the Republican-dominated Congress that China and other rising powers were challenging American leadership in global financial institutions, and he urged lawmakers to swiftly ratify stalled reform of the IMF.
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  • In a joint statement, the foreign and finance ministers of Germany, France and Italy said they would work to ensure the new institution "follows the best standards and practices in terms of governance, safeguards, debt and procurement policies." Luxembourg’s Finance Ministry confirmed the country, a big financial centre, has also applied to be a founding member of the $50 billion AIIB.
  • A spokeswoman for the European Commission, the EU's executive arm, endorsed member states' participation in the AIIB as a way of tackling global investment needs and as an opportunity for EU companies.
  • Lew told lawmakers that the U.S. delay in ratifying the agreement was undermining its credibility and influence as countries question the United States' commitment to international institutions. “It's not an accident that emerging economies are looking at other places because they are frustrated that, frankly, the United States has stalled a very mild and reasonable set of reforms in the IMF,” Lew said.
  • Some Republicans have complained the changes would cost too much at a time Washington is running big budget deficits. The reforms have also ran afoul of a growing isolationist trend among the party's influential Tea Party wing.
  • Washington says it sees a role for the IAAB given Asia's immense infrastructure needs and regards it as a potential partner for established institutions like the ADB. But its strategy of questioning the IAAB's standards has drawn criticism from some observers, who say the administration should have been more accepting of the new bank or offered alternatives within the existing institutions. "If you try to fight the rising power's peaceful ascent you sow big problems in the future," said Fred Bergsten, a former top international affairs official at the U.S. Treasury and currently a fellow at the Peterson Institute in Washington. Scott Morris, a former U.S. Treasury official who led U.S. engagement with the multilateral development banks during the first Obama administration, said Washington was paying the price for delay on IMF reform. "It's a clear sentiment among a pretty diverse group of countries: We would like to mobilize more capital for infrastructure through MDBs (multilateral development banks)," said Morris, now with the Washington-based Center for Global Development. "And the U.S. stands in the way of that and now finds itself increasingly isolated as a result.”
  • Japan, Australia and South Korea remain notable regional absentees from the AIIB. Australian Prime Minister Tony Abbott said at the weekend he would make a final decision on membership soon. South Korea has said it is still in discussions with China and other countries about possible participation. Japan is unlikely to join the AIIB, but ADB head Takehiko Nakao told the Nikkei Asian Review that the two institutions were in discussions and could work together.
  • Paul Merrell on 20 Mar 15
     
    Oh, man. Angela Merkel just hitched Germany's wagon to China's, which implictly means Russia's and the rest of BRICS too. Plus the European Commission, UK, France, Italy, and Luxembourg   Keep in mind that China will open its RMB trading centers in the major financial hubs in September and that the folks in Brussels are making noises about a European combined defense organization, independent of NATO anjd the U.S.   I want more information to be certain that there is more here than moves to create bargaining leverage with Washington, D.C.. but it might soon be time to buy a wheelbarrow to carry my walkabout spending money. Wow!
Paul Merrell

Irish court peels off gloves, hands Facebook PROBE request to ECJ * The Register - 0 views

www.theregister.co.uk/...ers_facebook_prism_case_to_ecj

surveillance state NSA Ireland EU-Court-of-Justice Facebook

shared by Paul Merrell on 19 Jun 14 - No Cached
  • The High Court in Ireland has referred a review of a complaint against Facebook to Europe's top court. The complaint alleges the social network shared EU users' data with the US National Security Agency.The European Court of Justice is to assess whether EU law needs to be updated in light of the PRISM revelations, which could have a knock-on effect on tech firms from Facebook to Google. <a href="http://pubads.g.doubleclick.net/gampad/jump?iu=/6978/reg_policy/government&sz=300x250%7C300x600&tile=3&c=33U6KvJawQrMoAAAUTy6EAAAJ5&t=ct%3Dns%26unitnum%3D3%26unitname%3Dwww_top_mpu%26pos%3Dtop%26test%3D0" target="_blank"> <img src="http://pubads.g.doubleclick.net/gampad/ad?iu=/6978/reg_policy/government&sz=300x250%7C300x600&tile=3&c=33U6KvJawQrMoAAAUTy6EAAAJ5&t=ct%3Dns%26unitnum%3D3%26unitname%3Dwww_top_mpu%26pos%3Dtop%26test%3D0" alt=""></a> Austrian law student Maximillian Schrems took Facebook to court in Ireland, where the social network’s European HQ is located, over the revelations from NSA whistleblower Edward Snowden that personal data held by tech firms like Facebook was routinely being slurped by US spooks.
  • Schrems first asked the Irish Data Commissioner to investigate the legality of Facebook Ireland sending his info over to the States, where it could be seen by the security services, but when the commissioner refused to investigate, he sought a judicial review at the High Court.The Commissioner had ruled that Schrems didn’t have a case because he couldn’t prove that anyone had slurped his data in particular and anyway, the EU has an agreement with the US under the “Safe Harbour” principle decided way back in 2000. This principle governs data flow from Europe to United States and allows US firms to self-certify themselves as respectful of European data protection rules.High Court Justice Gerard Hogan said Schrems did not need to prove that his own data had been spied upon to make a complaint.“Quite obviously, Mr Schrems cannot say whether his own personal data has ever been accessed or whether it would ever be accessed by the US authorities,” he wrote in his ruling.
  • “But even if this were considered to be unlikely, he is nonetheless certainly entitled to object to a state of affairs where his data are transferred to a jurisdiction which, to all intents and purposes, appears to provide only a limited protection against any interference with that private data by the US security authorities.”However, he said that only the European Court of Justice could decide that individual member states were allowed to look past the Safe Harbour principle or reinterpret its meaning. Hogan said that Schrems, who had filed on behalf of the Europe-v-Facebook group, really had a problem with this principle and acknowledged that there may be an argument for the idea that the rule was outdated.“The Safe Harbour Regime… may reflect a somewhat more innocent age in terms of data protection,” he said. “This Regime came into force prior to the advent of social media and, of course, before the massive terrorist attacks on American soil which took place on September 11th, 2001.”
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  • Hogan also admitted that the PRISM programme of surveillance was wrong by the letter of Irish law, which protects people’s data and the inviolability of their homes.“It is very difficult to see how the mass and undifferentiated accessing by state authorities of personal data generated perhaps especially with the home… could survive constitutional scrutiny,” he said.“The potential for abuse in such cases would be enormous and might even give rise to the possibility that no facet of private or domestic life with the home would be immune from potential state scrutiny.“Such a state of affairs – with its gloomy echoes of the mass state surveillance programmes conducted in totalitarian states such as the German Democratic Republic of Ulbricht and Honecker – would be totally at odds with the basic premises and fundamental values of the Constitution.”
  • However, he said that Irish law is pre-empted by EU law in this case and the Court of Justice needed to assess whether the interpretation of the Safe Harbour Regime needed to be re-evaluated.Any verdict from the European court will likely apply to all US companies that have participated in PRISM and operate in the region, Schrems said of the ruling.“We did not prepare for a direct reference to the ECJ, but this is the best outcome we could have wished for,” he said. “We will study the judgment in detail and will take the next steps as soon as possible.” ®
  • Paul Merrell on 19 Jun 14
     
    If you're in the market to purchase a few cloud server farms located in the U.S., you may want to hold off until the EU Court of Justice rules. Prices could be tumbling shortly afterward.  In related news, Reps. Zoe Lofgren and Thomas Massie have introduced a bipartisan amendment to the annual Department of Defense Appropriations bill (H.R. 4870) that would prohibit use of the bill's funds to: 1) Conduct warrantless searches of Americans' communications collected and stored by the NSA under Section 702 of the FISA Amendments Act. 2) Mandate or request that backdoors for surveillance be built into products or services, except those covered under the Communications Assistance for Law Enforcement Act.
Paul Merrell

CURIA - Documents - 0 views

curia.europa.eu/...document.jsf

surveillance state EU Court-of-Justice data-retention data privacy

shared by Paul Merrell on 19 Jul 14 - No Cached
  • 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,
  • 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,
  • 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.
  • 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.
  • 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.
  • Paul Merrell on 19 Jul 14
     
    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

CCC | GCHQ to face European Court over mass surveillance - 0 views

www.ccc.de/gchq

surveillance state GCHQ human rights litigation ECHR

shared by Paul Merrell on 11 Jan 14 - No Cached
  • Three of Britain’s most prominent campaign groups have today announced the launch of a legal challenge against the actions of GCHQ, alleging it has illegally intruded on the privacy of millions of British and European citizens. Big Brother Watch, the Open Rights Group and English PEN, together with German internet activist Constanze Kurz, have filed papers at the European Court of Human Rights bringing an action against the UK Government.

 They allege that by collecting vast amounts of data leaving or entering the UK, including the content of emails and social media messages, the UK’s spy agency has acted illegally. When details recently emerged in the media about the Prism and Tempora programmes, codenames for previously secret online surveillance operations, it was revealed that GCHQ has the capacity to collect more than 21 petabytes of data a day – equivalent to sending all the information in all the books in the British Library 192 times every 24 hours. The disclosures have raised serious parliamentary concerns both in Britain and at the EU level. Deighton Pierce Glynn solicitors represent the applicants, instructing Helen Mountfield QC of Matrix Chambers and Tom Hickman and Ravi Mehta of Blackstone Chambers. The legal action will be funded through donations at www.privacynotprism.org.uk
  • Paul Merrell on 11 Jan 14
     
    One I missed from October 3, 2013. The case was later filed with the European Court of Human Rights as "Joint Application Under Article 34 of Big Brother Watch, Open Rights Group, English Pen Dr Constanze Kurz (Applicants) - v - United Kingdom (Respondent)." There is no appeal from decisions of this Court.
Paul Merrell

Brazil Looks to Break from U.S.-Centric Internet | TIME.com - 0 views

world.time.com/...reak-from-u-s-centric-internet

surveillance state NSA NSA-blowback Brazil Internet-Balkanization

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  • Brazil plans to divorce itself from the U.S.-centric Internet over Washington’s widespread online spying, a move that many experts fear will be a potentially dangerous first step toward fracturing a global network built with minimal interference by governments. President Dilma Rousseff ordered a series of measures aimed at greater Brazilian online independence and security following revelations that the U.S. National Security Agency intercepted her communications, hacked into the state-owned Petrobras oil company’s network and spied on Brazilians who entrusted their personal data to U.S. tech companies such as Facebook and Google. The leader is so angered by the espionage that on Tuesday she postponed next month’s scheduled trip to Washington, where she was to be honored with a state dinner. Internet security and policy experts say the Brazilian government’s reaction to information leaked by former NSA contractor Edward Snowden is understandable, but warn it could set the Internet on a course of Balkanization.
  • “The global backlash is only beginning and will get far more severe in coming months,” said Sascha Meinrath, director of the Open Technology Institute at the Washington-based New America Foundation think tank. “This notion of national privacy sovereignty is going to be an increasingly salient issue around the globe.” While Brazil isn’t proposing to bar its citizens from U.S.-based Web services, it wants their data to be stored locally as the nation assumes greater control over Brazilians’ Internet use to protect them from NSA snooping. The danger of mandating that kind of geographic isolation, Meinrath said, is that it could render inoperable popular software applications and services and endanger the Internet’s open, interconnected structure.
  • The effort by Latin America’s biggest economy to digitally isolate itself from U.S. spying not only could be costly and difficult, it could encourage repressive governments to seek greater technical control over the Internet to crush free expression at home, experts say. In December, countries advocating greater “cyber-sovereignty” pushed for such control at an International Telecommunications Union meeting in Dubai, with Western democracies led by the United States and the European Union in opposition.
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  • Rousseff says she intends to push for international rules on privacy and security in hardware and software during the U.N. General Assembly meeting later this month. Among Snowden revelations: the NSA has created backdoors in software and Web-based services. Brazil is now pushing more aggressively than any other nation to end U.S. commercial hegemony on the Internet. More than 80 percent of online search, for example, is controlled by U.S.-based companies. Most of Brazil’s global Internet traffic passes through the United States, so Rousseff’s government plans to lay underwater fiber optic cable directly to Europe and also link to all South American nations to create what it hopes will be a network free of U.S. eavesdropping.
  • More communications integrity protection is expected when Telebras, the state-run telecom company, works with partners to oversee the launch in 2016 of Brazil’s first communications satellite, for military and public Internet traffic. Brazil’s military currently relies on a satellite run by Embratel, which Mexican billionaire Carlos Slim controls. Rousseff is urging Brazil’s Congress to compel Facebook, Google and all companies to store data generated by Brazilians on servers physically located inside Brazil in order to shield it from the NSA. If that happens, and other nations follow suit, Silicon Valley’s bottom line could be hit by lost business and higher operating costs: Brazilians rank No. 3 on Facebook and No. 2 on Twitter and YouTube. An August study by a respected U.S. technology policy nonprofit estimated the fallout from the NSA spying scandal could cost the U.S. cloud computing industry, which stores data remotely to give users easy access from any device, as much as $35 billion by 2016 in lost business.
  • Brazil also plans to build more Internet exchange points, places where vast amounts of data are relayed, in order to route Brazilians’ traffic away from potential interception. And its postal service plans by next year to create an encrypted email service that could serve as an alternative to Gmail and Yahoo!, which according to Snowden-leaked documents are among U.S. tech giants that have collaborated closely with the NSA. “Brazil intends to increase its independent Internet connections with other countries,” Rousseff’s office said in an emailed response to questions from The Associated Press on its plans. It cited a “common understanding” between Brazil and the European Union on data privacy, and said “negotiations are underway in South America for the deployment of land connections between all nations.” It said Brazil plans to boost investment in home-grown technology and buy only software and hardware that meet government data privacy specifications.
  • While the plans’ technical details are pending, experts say they will be costly for Brazil and ultimately can be circumvented. Just as people in China and Iran defeat government censors with tools such as “proxy servers,” so could Brazilians bypass their government’s controls. International spies, not just from the United States, also will adjust, experts said. Laying cable to Europe won’t make Brazil safer, they say. The NSA has reportedly tapped into undersea telecoms cables for decades. Meinrath and others argue that what’s needed instead are strong international laws that hold nations accountable for guaranteeing online privacy.
  • “There’s nothing viable that Brazil can really do to protect its citizenry without changing what the U.S. is doing,” he said. Matthew Green, a Johns Hopkins computer security expert, said Brazil won’t protect itself from intrusion by isolating itself digitally. It will also be discouraging technological innovation, he said, by encouraging the entire nation to use a state-sponsored encrypted email service. “It’s sort of like a Soviet socialism of computing,” he said, adding that the U.S. “free-for-all model works better.”
  • Paul Merrell on 25 Sep 13
     
    So both Brazil and the European Union are planning to boycott the U.S.-based cloud industry, seizing on the NSA's activities as legal grounds. Under the various GATT series of trade agreements, otherwise forbidden discriminatory actions taken that restrict trade in aid of national security are exempt from redress through the World Trade Organization Dispute Resolution Process. So the NSA voyeurs can add legalizing economic digital discrimination against the U.S. to its score card.
Gary Edwards

The obscure legal system that lets corporations sue countries | Claire Provost and Matt... - 0 views

www.theguardian.com/...rtations-sue-states-ttip-icsid

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shared by Gary Edwards on 10 Jun 15 - No Cached
  • Every year on 15 September, thousands of Salvadorans celebrate the date when much of Central America gained independence from Spain. Fireworks are set off and marching bands parade through villages across the country. But, last year, in the town of San Isidro, in Cabañas, the festivities had a markedly different tone. Hundreds had gathered to protest against the mine. Gold mines often use cyanide to separate gold from ore, and widespread concern over already severe water contamination in El Salvador has helped fuel a powerful movement determined to keep the country’s minerals in the ground. In the central square, colourful banners were strung up, calling on OceanaGold to drop its case against the country and leave the area. Many were adorned with the slogan, “No a la mineria, Si a la vida” (No to mining, Yes to life). On the same day, in Washington DC, Parada gathered his notes and shuffled into a suite of nondescript meeting rooms in the World Bank’s J building, across the street from its main headquarters on Pennsylvania Avenue. This is the International Centre for the Settlement of Investment Disputes (ICSID): the primary institution for handling the cases that companies file against sovereign states. (The ICSID is not the sole venue for such cases; there are similar forums in London, Paris, Hong Kong and the Hague, among others.) The date of the hearing was not a coincidence, Parada said. The case has been framed in El Salvador as a test of the country’s sovereignty in the 21st century, and he suggested that it should be heard on Independence Day. “The ultimate question in this case,” he said, “is whether a foreign investor can force a government to change its laws to please the investor as opposed to the investor complying with the laws they find in the country.”
  • Most international investment treaties and free-trade deals grant foreign investors the right to activate this system, known as investor-state dispute settlement (ISDS), if they want to challenge government decisions affecting their investments. In Europe, this system has become a sticking point in negotiations over the controversial Transatlantic Trade and Investment Partnership (TTIP) deal proposed between the European Union and the US, which would massively extend its scope and power and make it harder to challenge in the future. Both France and Germany have said that they want access to investor-state dispute settlement removed from the TTIP treaty currently under discussion. Investors have used this system not only to sue for compensation for alleged expropriation of land and factories, but also over a huge range of government measures, including environmental and social regulations, which they say infringe on their rights. Multinationals have sued to recover money they have already invested, but also for alleged lost profits and “expected future profits”. The number of suits filed against countries at the ICSID is now around 500 – and that figure is growing at an average rate of one case a week. The sums awarded in damages are so vast that investment funds have taken notice: corporations’ claims against states are now seen as assets that can be invested in or used as leverage to secure multimillion-dollar loans. Increasingly, companies are using the threat of a lawsuit at the ICSID to exert pressure on governments not to challenge investors’ actions.
  • “I had absolutely no idea this was coming,” Parada said. Sitting in a glass-walled meeting room in his offices, at the law firm Foley Hoag, he paused, searching for the right word to describe what has happened in his field. “Rogue,” he decided, finally. “I think the investor-state arbitration system was created with good intentions, but in practice it has gone completely rogue.”
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  • The quiet village of Moorburg in Germany lies just across the river from Hamburg. Past the 16th-century church and meadows rich with wildflowers, two huge chimneys spew a steady stream of thick, grey smoke into the sky. This is Kraftwerk Moorburg, a new coal-fired power plant – the village’s controversial next-door neighbour. In 2009, it was the subject of a €1.4bn investor-state case filed by Vattenfall, the Swedish energy giant, against the Federal Republic of Germany. It is a prime example of how this powerful international legal system, built to protect foreign investors in developing countries, is now being used to challenge the actions of European governments as well. Since the 1980s, German investors have sued dozens of countries, including Ghana, Ukraine and the Philippines, at the World Bank’s Centre in Washington DC. But with the Vattenfall case, Germany found itself in the dock for the first time. The irony was not lost on those who considered Germany to be the grandfather of investor-state arbitration: it was a group of German businessmen, in the late 1950s, who first conceived of a way to protect their overseas investments as a wave of developing countries gained independence from European colonial powers. Led by Deutsche Bank chairman Hermann Abs, they called their proposal an “international magna carta” for private investors.
  • In the 1960s, the idea was taken up by the World Bank, which said that such a system could help the world’s poorer countries attract foreign capital. “I am convinced,” the World Bank president George Woods said at the time, “that those … who adopt as their national policy a welcome [environment] for international investment – and that means, to mince no words about it, giving foreign investors a fair opportunity to make attractive profits – will achieve their development objectives more rapidly than those who do not.” At the World Bank’s 1964 annual meeting in Tokyo, it approved a resolution to set up a mechanism for handling investor-state cases. The first line of the ICSID Convention’s preamble sets out its goal as “international cooperation for economic development”. There was sharp opposition to this system from its inception, with a bloc of developing countries warning that it would undermine their sovereignty. A group of 21 countries – almost every Latin American country, plus Iraq and the Philippines – voted against the proposal in Tokyo. But the World Bank moved ahead regardless. Andreas Lowenfeld, an American legal academic who was involved in some of these early discussions, later remarked: “I believe this was the first time that a major resolution of the World Bank had been pressed forward with so much opposition.”
  • now governments are discovering, too late, the true price of that confidence. The Kraftwerk Moorburg plant was controversial long before the case was filed. For years, local residents and environmental groups objected to its construction, amid growing concern over climate change and the impact the project would have on the Elbe river. In 2008, Vattenfall was granted a water permit for its Moorburg project, but, in response to local pressure, local authorities imposed strict environmental conditions to limit the utility’s water usage and its impact on fish. Vattenfall sued Hamburg in the local courts. But, as a foreign investor, it was also able to file a case at the ICSID. These environmental measures, it said, were so strict that they constituted a violation of its rights as guaranteed by the Energy Charter Treaty, a multilateral investment agreement signed by more than 50 countries, including Sweden and Germany. It claimed that the environmental conditions placed on its permit were so severe that they made the plant uneconomical and constituted acts of indirect expropriation.
  • With the rapid growth in these treaties – today there are more than 3,000 in force – a specialist industry has developed in advising companies how best to exploit treaties that give investors access to the dispute resolution system, and how to structure their businesses to benefit from the different protections on offer. It is a lucrative sector: legal fees alone average $8m per case, but they have exceeded $30m in some disputes; arbitrators’ fees at start at $3,000 per day, plus expenses.
  • Vattenfall v Germany ended in a settlement in 2011, after the company won its case in the local court and received a new water permit for its Moorburg plant – which significantly lowered the environmental standards that had originally been imposed, according to legal experts, allowing the plant to use more water from the river and weakening measures to protect fish. The European Commission has now stepped in, taking Germany to the EU Court of Justice, saying its authorisation of the Moorburg coal plant violated EU environmental law by not doing more to reduce the risk to protected fish species, including salmon, which pass near the plant while migrating from the North Sea. A year after the Moorburg case closed, Vattenfall filed another claim against Germany, this time over the federal government’s decision to phase out nuclear power. This second suit – for which very little information is available in the public domain, despite reports that the company is seeking €4.7bn from German taxpayers – is still ongoing. Roughly one third of all concluded cases filed at the ICSID are recorded as ending in “settlements”, which – as the Moorburg dispute shows – can be very profitable for investors, though their terms are rarely fully disclosed.
  • “It was a total surprise for us,” the local Green party leader Jens Kerstan laughed, in a meeting at his sunny office in Hamburg last year. “As far as I knew, there were some [treaties] to protect German companies in the [developing] world or in dictatorships, but that a European company can sue Germany, that was totally a surprise to me.”
  • While a tribunal cannot force a country to change its laws, or give a company a permit, the risk of massive damages may in some cases be enough to persuade a government to reconsider its actions. The possibility of arbitration proceedings can be used to encourage states to enter into meaningful settlement negotiations.
  • A small number of countries are now attempting to extricate themselves from the bonds of the investor-state dispute system. One of these is Bolivia, where thousands of people took to the streets of the country’s third-largest city, Cochabamba, in 2000, to protest against a dramatic hike in water rates by a private company owned by Bechtel, the US civil engineering firm. During the demonstrations, the Bolivian government stepped in and terminated the company’s concession. The company then filed a $50m suit against Bolivia at the ICSID. In 2006, following a campaign calling for the case to be thrown out, the company agreed to accept a token payment of less than $1. After this expensive case, Bolivia cancelled the international agreements it had signed with other states giving their investors access to these tribunals. But getting out of this system is not easily done. Most of these international agreements have sunset clauses, under which their provisions remain in force for a further 10 or even 20 years, even if the treaties themselves are cancelled.
  • There are now thousands of international investment agreements and free-trade acts, signed by states, which give foreign companies access to the investor-state dispute system, if they decide to challenge government decisions. Disputes are typically heard by panels of three arbitrators; one selected by each side, and the third agreed upon by both parties. Rulings are made by majority vote, and decisions are final and binding. There is no appeals process – only an annulment option that can be used on very limited grounds. If states do not pay up after the decision, their assets are subject to seizure in almost every country in the world (the company can apply to local courts for an enforcement order).
  • While there is no equivalent of legal aid for states trying to defend themselves against these suits, corporations have access to a growing group of third-party financiers who are willing to fund their cases against states, usually in exchange for a cut of any eventual award.
  • Increasingly, these suits are becoming valuable even before claims are settled. After Rurelec filed suit against Bolivia, it took its case to the market and secured a multimillion-dollar corporate loan, using its dispute with Bolivia as collateral, so that it could expand its business. Over the last 10 years, and particularly since the global financial crisis, a growing number of specialised investment funds have moved to raise money through these cases, treating companies’ multimillion-dollar claims against states as a new “asset class”.
  • El Salvador has already spent more than $12m defending itself against Pacific Rim, but even if it succeeds in beating the company’s $284m claim, it may never recover these costs. For years Salvadoran protest groups have been calling on the World Bank to initiate an open and public review of ICSID. To date, no such study has been carried out. In recent years, a number of ideas have been mooted to reform the international investor-state dispute system – to adopt a “loser pays” approach to costs, for example, or to increase transparency. The solution may lie in creating an appeals system, so that controversial judgments can be revisited.
  • Brazil has never signed up to this system – it has not entered into a single treaty with these investor-state dispute provisions – and yet it has had no trouble attracting foreign investment.
  • Gary Edwards on 10 Jun 15
     
    "Luis Parada's office is just four blocks from the White House, in the heart of K Street, Washington's lobbying row - a stretch of steel and glass buildings once dubbed the "road to riches", when influence-peddling became an American growth industry. Parada, a soft-spoken 55-year-old from El Salvador, is one of a handful of lawyers in the world who specialise in defending sovereign states against lawsuits lodged by multinational corporations. He is the lawyer for the defence in an obscure but increasingly powerful field of international law - where foreign investors can sue governments in a network of tribunals for billions of dollars. Fifteen years ago, Parada's work was a minor niche even within the legal business. But since 2000, hundreds of foreign investors have sued more than half of the world's countries, claiming damages for a wide range of government actions that they say have threatened their profits. In 2006, Ecuador cancelled an oil-exploration contract with Houston-based Occidental Petroleum; in 2012, after Occidental filed a suit before an international investment tribunal, Ecuador was ordered to pay a record $1.8bn - roughly equal to the country's health budget for a year. (Ecuador has logged a request for the decision to be annulled.) Parada's first case was defending Argentina in the late 1990s against the French conglomerate Vivendi, which sued after the Argentine province of Tucuman stepped in to limit the price it charged people for water and wastewater services. Argentina eventually lost, and was ordered to pay the company more than $100m. Now, in his most high-profile case yet, Parada is part of the team defending El Salvador as it tries to fend off a multimillion-dollar suit lodged by a multinational mining company after the tiny Central American country refused to allow it to dig for gold."
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