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Microsoft's new plan to keep the US government's hands off its customers' data: Germany will be a safe harbor in the digital privacy storm. Microsoft on Wednesday announced that beginning in the second half of 2016, it will give foreign customers the option of keeping data in new European facilities that, at least in theory, should shield customers from US government surveillance. It will cost more, according to the Financial Times, though pricing details weren't forthcoming. Microsoft Cloud - including Azure, Office 365 and Dynamics CRM Online - will be hosted from new datacenters in the German regions of Magdeburg and Frankfurt am Main. Access to data will be controlled by what the company called a German data trustee: T-Systems, a subsidiary of the independent German company Deutsche Telekom. Without the permission of Deutsche Telekom or customers, Microsoft won't be able to get its hands on the data. If it does get permission, the trustee will still control and oversee Microsoft's access.

Microsoft CEO Satya Nadella dropped the word "trust" into the company's statement: Microsoft’s mission is to empower every person and every individual on the planet to achieve more. Our new datacenter regions in Germany, operated in partnership with Deutsche Telekom, will not only spur local innovation and growth, but offer customers choice and trust in how their data is handled and where it is stored.

On Tuesday, at the Future Decoded conference in London, Nadella also announced that Microsoft would, for the first time, be opening two UK datacenters next year. The company's also expanding its existing operations in Ireland and the Netherlands. Officially, none of this has anything to do with the long-drawn-out squabbling over the transatlantic Safe Harbor agreement, which the EU's highest court struck down last month, calling the agreement "invalid" because it didn't protect data from US surveillance. No, Nadella said, the new datacenters and expansions are all about giving local businesses and organizations "transformative technology they need to seize new global growth." But as Diginomica reports, Microsoft EVP of Cloud and Enterprise Scott Guthrie followed up his boss’s comments by saying that yes, the driver behind the new datacenters is to let customers keep data close: We can guarantee customers that their data will always stay in the UK. Being able to very concretely tell that story is something that I think will accelerate cloud adoption further in the UK.

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.

Privacy Shield is the proposed new deal between the EU and the US that is supposed to safeguard all personal data on EU citizens held on computer systems in the US from being subject to mass surveillance by the US National Security Agency. The data can refer to any transaction — web purchases, cars or clothing — involving an EU citizen whose data is held on US servers. Privacy groups say Privacy Shield — which replaces the Safe Harbor agreement ruled unlawful in October 2015 — does not meet strict EU standard on the use of personal data. Monique Goyens, Director General of the European Consumer Organization (BEUC) told Sputnik: “We consider that the shield is cracked beyond repair and is unlikely to stand scrutiny by the European Court of Justice. A fundamental problem remains that the US side of the shield is made of clay, not iron.”

The agreement has been under negotiation for months ever since the because the European Court of Justice ruled in October 2015 that the previous EU-US data agreement — Safe Harbor — was invalid. The issue arises from the strict EU laws — enshrined in the Charter of Fundamental Rights of the European Union — to the privacy of their personal data.

The Safe Harbor agreement was a quasi-judicial understanding that the US undertook to agree that it would ensure that EU citizens’ data on US servers would be held and protected under the same restrictions as it would be under EU law and directives. The data covers a huge array of information — from Internet and communications usage, to sales transactions, import and exports.

By Condoleezza Rice and Robert M. Gates

Second, we have to create our own facts on the ground. No-fly zones and safe harbors for populations are not “half-baked” ideas. They worked before (protecting the Kurds for 12 years under Saddam Hussein’s reign of terror) and warrant serious consideration. We will continue to have refugees until people are safe. Moreover, providing robust support for Kurdish forces, Sunni tribes and what’s left of the Iraqi special forces is not “mumbo-jumbo.” It might just salvage our current, failing strategy. A serious commitment to these steps would also solidify our relationship with Turkey, which is reeling from the implications of Moscow’s intervention. In short, we must create a better military balance of power on the ground if we are to seek a political solution acceptable to us and to our allies.

Last week’s post by Megan Graham is certainly a welcome contribution in explaining the implications of the Max Schrems case by the European Union Court of Justice, and specifically how it relates to the Safe Harbor arrangement between the US and the EU. Let me add a different perspective: Irrespective of its consequences for Safe Harbor, last week’s ruling is hugely important on a more general level, namely for the understanding of what the right to privacy entails in Europe and what this means for mass surveillance. Through its ruling in Max Schrems the EU’s highest court has established that: Mere access by public authorities to confidential or group-specific communications data constitutes an intrusion into the right to privacy, even without any further processing of that data; and While indiscriminate intrusion into “metadata” may constitute a particularly serious intrusion into the right to privacy, access to “content” data will affect the essence of the right to privacy.

These findings were made under Article 7 of the EU Charter of Fundamental Rights, a broad provision on the right to respect for one’s private life. This provision of the EU Charter, which is a part of the foundational treaty framework of the European Union, is almost identical to Article 8 of the European Convention on Human Rights, a treaty legally binding for broader Europe and routinely a part of domestic legal orders. It remains to be seen whether the guardian of the latter framework, the European Court of Human Rights, will also be courageous enough to determine that indiscriminate mass surveillance that provides access to “content” data breaches the essential core of the right to privacy. The highest EU court already took that bold step. One of the most important implications of identifying government access to content as breaching the essence of the right to privacy, is that it negates the need for a proportionality assessment. Measures that compromise the essence of privacy have already crossed a red line, and there is no need for any further “balancing” between privacy and security. Therefore, the Max Schrems ruling is a huge blow to many of the current methods of electronic mass surveillance, including those practiced by the US and several European countries (including the United Kingdom).

Several additional points from my earlier post in Verfassungsblog about this case are also worth noting. First, the EU court did not really dwell on the separate Article 8 provision of the EU Charter on Fundamental Rights, concerning the right to the protection of personal data. This was perhaps because that provision is triggered by the “processing” of data, while the general privacy (Article 7) impact comes into play through mere “access.” Another point is that while it was easy to establish the jurisdiction of the EU court over data transfers from Europe to Facebook’s servers in the US, it may be much harder to bring a case before that court concerning “upstream” methods of mass surveillance, such as the NSA’s tapping of transatlantic fiber optic telecommunications cables. Perhaps most importantly, the substantive ruling in the Schrems case is formulated in a way that it would apply to any method of mass surveillance that gives public authorities access to the content of ordinary people’s private communications, including communications intended for a group of people but not for the authorities. Hence, the ruling is a major contribution as to what the right to privacy substantively means in Europe.

Afghanistan's acting defense minister said Monday that the Doctors Without Borders hospital bombed by U.S. forces in the northern city of Kunduz was being used by insurgents as a "safe place." The hospital was bombed by a U.S. AC-130 gunship in the early hours of Oct. 3, killing at least 22 people and wounding many more. The main building was destroyed and the hospital has been shut down. "That was a place they wanted to use as a safe place because everybody knows that our security forces and international security forces were very careful not to do anything with a hospital," Defense Minister Masoom Stanekzai told The Associated Press, adding that a Taliban flag had been mounted on one of the hospital's walls.

American businesses could be required to report requests by U.S. intelligence services for data on European online users under a trans-Atlantic data-transfer pact now being negotiated, according to the European Union’s justice commissioner.

The first (and thus far only) roll-back of post-9/11 surveillance authorities was implemented over the weekend: The National Security Agency shuttered its program for collecting and holding the metadata of Americans’ phone calls under Section 215 of the Patriot Act. While bulk collection under Section 215 has ended, the government can obtain access to this information under the procedures specified in the USA Freedom Act. Indeed, some experts have argued that the Agency likely has access to more metadata because its earlier dragnet didn’t cover cell phones or Internet calling. In addition, the metadata of calls made by an individual in the United States to someone overseas and vice versa can still be collected in bulk — this takes place abroad under Executive Order 12333. No doubt the NSA wishes that this was the end of the surveillance reform story and the Paris attacks initially gave them an opening. John Brennan, the Director of the CIA, implied that the attacks were somehow related to “hand wringing” about spying and Sen. Tom Cotton (R-Ark.) introduced a bill to delay the shut down of the 215 program. Opponents of encryption were quick to say: “I told you so.”

But the facts that have emerged thus far tell a different story. It appears that much of the planning took place IRL (that’s “in real life” for those of you who don’t have teenagers). The attackers, several of whom were on law enforcement’s radar, communicated openly over the Internet. If France ever has a 9/11 Commission-type inquiry, it could well conclude that the Paris attacks were a failure of the intelligence agencies rather than a failure of intelligence authorities. Despite the passage of the USA Freedom Act, US surveillance authorities have remained largely intact. Section 702 of the FISA Amendments Act — which is the basis of programs like PRISM and the NSA’s Upstream collection of information from Internet cables — sunsets in the summer of 2017. While it’s difficult to predict the political environment that far out, meaningful reform of Section 702 faces significant obstacles. Unlike the Section 215 program, which was clearly aimed at Americans, Section 702 is supposedly targeted at foreigners and only picks up information about Americans “incidentally.” The NSA has refused to provide an estimate of how many Americans’ information it collects under Section 702, despite repeated requests from lawmakers and most recently a large cohort of advocates. The Section 215 program was held illegal by two federal courts (here and here), but civil attempts to challenge Section 702 have run into standing barriers. Finally, while two review panels concluded that the Section 215 program provided little counterterrorism benefit (here and here), they found that the Section 702 program had been useful.

There is, nonetheless, some pressure to narrow the reach of Section 702. The recent decision by the European Court of Justice in the safe harbor case suggests that data flows between Europe and the US may be restricted unless the PRISM program is modified to protect the information of Europeans (see here, here, and here for discussion of the decision and reform options). Pressure from Internet companies whose business is suffering — estimates run to the tune of $35 to 180 billion — as a result of disclosures about NSA spying may also nudge lawmakers towards reform. One of the courts currently considering criminal cases which rely on evidence derived from Section 702 surveillance may hold the program unconstitutional either on the basis of the Fourth Amendment or Article III for the reasons set out in this Brennan Center report. A federal district court in Colorado recently rejected such a challenge, although as explained in Steve’s post, the decision did not seriously explore the issues. Further litigation in the European courts too could have an impact on the debate.

Senior American officials are considering the deployment of US advisors to some largely isolated pockets of resistance in Iraq’s al-Anbar Province. Such a move would be fraught with risk since Anbar is mainly controlled by the Islamic State (ISIS or IS). These garrisons behind IS lines have been coming under greater pressure, and some have recently fallen. A handful of US advisors out there would make little difference, but other measures could help these garrisons hang on. Iraqi Prime Minister Haider al-Abadi’s government has done practically nothing to reverse the dynamic in Anbar by turning Sunni Arabs against IS. Just as former PM Nouri al-Maliki senselessly drove most Sunni Arabs into IS’s arms through persecution, the Abadi government might rather see most Sunni Arabs crushed than empower them by making important concessions. That may sound bizarre, but not if Abadi and his Shi’a cronies believe the US would eventually feel compelled to intervene militarily with combat troops to smash IS (along with a lot of Sunni Arab Iraqis caught in the middle) if Iraqi forces cannot rebound. Baghdad also knows US Congressional hawks have been pressing for such military action.

Joint Chiefs Chairman General Martin Dempsey announced on October 30 that it was necessary to expand the American “train, advise and assist mission…into the al-Anbar Province.” US planners meant to reassure by stating they would not place advisors with units smaller than an Iraqi Army brigade (roughly 2,000 men), but several vulnerable garrisons either have that many soldiers or a composite force that large of soldiers, tribesmen, and in some cases Shi’a militiamen (presumably making them candidates for a US advisory presence—yet not especially safe ones). The makeup of the garrison of the sprawling al-Asad Airbase complex near the city of Hit is unclear, but the defenders of the vital Haditha Dam on the Euphrates are a mixed bag of soldiers and tribesmen, and those holding the city of Samarra and much of Baiji north of Baghdad are soldiers bolstered by Shi’a militiamen. The garrison of the city of Ramadi west of Baghdad consists of soldiers and tribesmen.

The hazards of deploying US advisors into isolated garrisons could be extreme. Since some garrisons were overwhelmed very quickly once their resistance cracked, there is no guarantee US advisors could be extracted quickly amidst the chaos of such a collapse. Advisors could be killed or captured. If captured, IS would showcase them, and then probably use them for televised beheadings. Additionally, in pockets with garrisons of Iraqi soldiers mixed with either Shi’a militiamen or tribesmen, US advisors could be threatened by their hosts. Many Shi’a militias are anti-American, harboring profound grudges. Muqtada al-Sadr’s Mahdi Army lost hundreds of fighters to US forces in Karbala in 2004 and Baghdad and Basra in 2008. American advisors could be killed by militiamen under murky circumstances. And garrisons nearing the end of their ability to defend themselves might even turn US advisors over to IS in exchange for guarantees of a safe passage out or better treatment.

The United States on Friday criticized proposals to build a European communication network to avoid emails and other data passing through the United States, warning that such rules could breach international trade laws. In its annual review of telecommunications trade barriers, the office of the U.S. Trade Representative said impediments to cross-border data flows were a serious and growing concern.It was closely watching new laws in Turkey that led to the blocking of websites and restrictions on personal data, as well as calls in Europe for a local communications network following revelations last year about U.S. digital eavesdropping and surveillance."Recent proposals from countries within the European Union to create a Europe-only electronic network (dubbed a 'Schengen cloud' by advocates) or to create national-only electronic networks could potentially lead to effective exclusion or discrimination against foreign service suppliers that are directly offering network services, or dependent on them," the USTR said in the report.

Germany and France have been discussing ways to build a European network to keep data secure after the U.S. spying scandal. Even German Chancellor Angela Merkel's cell phone was reportedly monitored by American spies.The USTR said proposals by Germany's state-backed Deutsche Telekom to bypass the United States were "draconian" and likely aimed at giving European companies an advantage over their U.S. counterparts.Deutsche Telekom has suggested laws to stop data traveling within continental Europe being routed via Asia or the United States and scrapping the Safe Harbor agreement that allows U.S. companies with European-level privacy standards access to European data. (www.telekom.com/dataprotection)"Any mandatory intra-EU routing may raise questions with respect to compliance with the EU's trade obligations with respect to Internet-enabled services," the USTR said. "Accordingly, USTR will be carefully monitoring the development of any such proposals."

U.S. tech companies, the leaders in an e-commerce marketplace estimated to be worth up to $8 trillion a year, have urged the White House to undertake reforms to calm privacy concerns and fend off digital protectionism.

mage: ISIS clearly did not materialize spontaneously within Iraq, it hasclearly redeployed from its NATO-sponsored destruction of Syria to northern Iraq, perhaps in an attempt to justify a NATO incursion and thecreation of a buffer zone straddling Syrian, Iraqi, and even possibly Iranian territory with the goal of targeting Iran directly with ISIS.   June 13, 2014 (Tony Cartalucci - LD) - Heavily armed, well funded, and organized as a professional, standing army, the forces of the Islamic State of Iraq and Syria (ISIS) swept southward into Iraq from Turkey and northeastern Syria, taking the cities of Mosul and Tikrit, and now threaten the Iraqi capital city of Baghdad itself. The United States was sure to prop up two unfounded narratives - the first being that US intelligence agencies, despite assets in Iraq and above it in the form of surveillance drones, failed to give warning of the invasion, and that ISIS is some sort of self-sustaining terror organization carving out a "state" by "robbing banks" and collecting "donations" on Twitter. The Wall Street Journal in its report, "Iraqi Drama Catches U.S. Off Guard," stated: The quickly unfolding drama prompted a White House meeting Wednesday of top policy makers and military leaders who were caught off guard by the swift collapse of Iraqi security forces, officials acknowledged.

mage: ISIS has convoys of brand new matching Toyota's the samevehicles seen among admittedly NATO-armed terrorists operatingeverywhere from Libya to Syria, and now Iraq. It is a synthetic, state-sponsored regional mercenary expeditionary force.

The question remains, if a Lebanese newspaper knew ISIS was on the move eastward, why didn't the CIA? The obvious answer is the CIA did know, and is simply feigning ignorance at the expense of their reputation to bait its enemies into suspecting the agency of  incompetency rather than complicity in the horrific terroristic swath ISIS is now carving through northern Iraq. Described extensively in the full New Eastern Outlook Journal (NEO) report, "NATO’s Terror Hordes in Iraq a Pretext for Syria Invasion," the United States, Turkey, Saudi Arabia, and Qatar, have funded and armed terrorists operating in Syria for the past 3 years to the tune of hundreds of millions of dollars - coincidentally the same amount that ISIS would require to gain primacy among militant groups fighting in Syria and to mobilize forces capable of crossing into Iraq and overwhelming Baghdad's national defenses.

The Justice Department is preparing to announce that Barclays, JPMorgan Chase, Citigroup and the Royal Bank of Scotland will collectively pay several billion dollars and plead guilty to criminal antitrust violations for rigging the price of foreign currencies, according to people briefed on the matter who spoke on the condition of anonymity. Most if not all of the pleas are expected to come from the banks’ holding companies, the people said — a first for Wall Street giants that until now have had only subsidiaries or their biggest banking units plead guilty.

The Justice Department is also preparing to resolve accusations of foreign currency misconduct at UBS. As part of that deal, prosecutors are taking the rare step of tearing up a 2012 nonprosecution agreement with the bank over the manipulation of benchmark interest rates, the people said, citing the bank’s foreign currency misconduct as a violation of the earlier agreement. UBS A.G., the banking unit that signed the 2012 nonprosecution agreement, is expected to plead guilty to the earlier charges and pay a fine that could be as high as $500 million rather than go to trial, the people said.

Holding companies, while appearing to be the most important entities at the banks, are in less jeopardy of suffering the consequences of guilty pleas. Some banks worried that a guilty plea by their biggest banking units, which hold licenses that enable them to operate branches and make loans, would be riskier, two of the people briefed on the matter said. The fear, they said, centered on whether state or federal regulators might revoke those licenses in response to the pleas. Advertisement Continue reading the main story Behind the scenes in Washington, the banks’ lawyers are also seeking assurances from federal regulators — including the Securities and Exchange Commission and the Labor Department — that the banks will not be barred from certain business practices after the guilty pleas, the people said. While the S.E.C.’s five commissioners have not yet voted on the requests for waivers, which would allow the banks to conduct business as usual despite being felons, the people briefed on the matter expected a majority of commissioners to grant them.In reality, those accommodations render the plea deals, at least in part, an exercise in stagecraft. And while banks might prefer a deferred-prosecution agreement that suspends charges in exchange for fines and other concessions — or a nonprosecution deal like the one that UBS is on the verge of losing — the reputational blow of being a felon does not spell disaster.

European privacy regulators are putting U.S. surveillance practices under the microscope, this time with a crucial transatlantic data deal hanging in the balance.Legal and privacy advocates say European nations are poised to strike down the deal if they decide the U.S. hasn't done enough to reform its spying programs.The new test comes after the European Commission and the Commerce Department — after months of tense negotiations — reached a deal this week permitting Facebook, Google and thousands of other companies to continue legally handling Europeans’ personal data.ADVERTISEMENTCritics though have long warned that unless the U.S. overhauls its privacy and national security laws, there is no legal framework that can stand up in European court, where privacy is considered a fundamental right under the EU Charter.A working group of 28 EU nations’ data protection authorities — domestic entities separate from the Commission that will be in charge of enforcing the new agreement — may now cast the deciding vote.The group is spending the next few months picking through the so-called Privacy Shield agreement to determine if it adequately protects the personal data of European citizens.

“The Commission has said, ‘We’re satisfied. We believe them. We believe the U.S. has substantially changed its practices,’ and they are no longer going off the [Edward] Snowden revelations in the media,” said Susan Foster, a privacy attorney at Mintz Levin who works in both the EU and the U.S.“Whether the working group will go along with it is another question.”The privacy advocate whose complaint against Facebook brought down the Privacy Shield’s 15-year-old predecessor agreement is already questioning the new deal’s validity.“With all due respect ... a couple of letters by the outgoing Obama administration is by no means a legal basis to guarantee the fundamental rights of 500 million European users in the long run, when there is explicit U.S. law allowing mass surveillance,” Max Schrems of Austria said in a statement Tuesday.The United States has been fighting against the perception that it tramples on civil liberties after ex-National Security Agency contractor Edward Snowden revealed the breadth of the agency’s snooping.One sticking point in the Privacy Shield negotiations was over the scope of an exception allowing surveillance for national security purposes.

In announcing the deal, Commission officials insisted that the U.S. had provided “detailed written assurances” that surveillance of Europeans’ data by intelligence agencies would be subject to appropriate limitations.“The U.S. has clarified that they do not carry out indiscriminate surveillance of Europeans,” Andrus Ansip, Vice President for the Digital Single Market on the European Commission, said Tuesday.The U.S. has also agreed to create an office in the State Department, to address complaints from EU citizens who feel their data has been inappropriately accessed by intelligence authorities.Complicating the working group’s approval of the deal is the hodgepodge of competing regulators in Europe. Each nation has an agency in charge of its own country’s regulation. Some countries — such as Germany — are seen as tougher on privacy than others, like France or the U.K.While some countries consider U.S. privacy protections to be satisfactory, in others they are seen as woefully inadequate.

In a seminal decision updating and consolidating its previous jurisprudence on surveillance, the Grand Chamber of the European Court of Human Rights took a sideways swing at mass surveillance programs last week, reiterating the centrality of “reasonable suspicion” to the authorization process and the need to ensure interception warrants are targeted to an individual or premises. The decision in Zakharov v. Russia — coming on the heels of the European Court of Justice’s strongly-worded condemnation in Schrems of interception systems that provide States with “generalised access” to the content of communications — is another blow to governments across Europe and the United States that continue to argue for the legitimacy and lawfulness of bulk collection programs. It also provoked the ire of the Russian government, prompting an immediate legislative move to give the Russian constitution precedence over Strasbourg judgments. The Grand Chamber’s judgment in Zakharov is especially notable because its subject matter — the Russian SORM system of interception, which includes the installation of equipment on telecommunications networks that subsequently enables the State direct access to the communications transiting through those networks — is similar in many ways to the interception systems currently enjoying public and judicial scrutiny in the United States, France, and the United Kingdom. Zakharov also provides a timely opportunity to compare the differences between UK and Russian law: Namely, Russian law requires prior independent authorization of interception measures, whereas neither the proposed UK law nor the existing legislative framework do.

The decision is lengthy and comprises a useful restatement and harmonization of the Court’s approach to standing (which it calls “victim status”) in surveillance cases, which is markedly different from that taken by the US Supreme Court. (Indeed, Judge Dedov’s separate but concurring opinion notes the contrast with Clapper v. Amnesty International.) It also addresses at length issues of supervision and oversight, as well as the role played by notification in ensuring the effectiveness of remedies. (Marko Milanovic discusses many of these issues here.) For the purpose of the ongoing debate around the legitimacy of bulk surveillance regimes under international human rights law, however, three particular conclusions of the Court are critical.

The Court took issue with legislation permitting the interception of communications for broad national, military, or economic security purposes (as well as for “ecological security” in the Russian case), absent any indication of the particular circumstances under which an individual’s communications may be intercepted. It said that such broadly worded statutes confer an “almost unlimited degree of discretion in determining which events or acts constitute such a threat and whether that threat is serious enough to justify secret surveillance” (para. 248). Such discretion cannot be unbounded. It can be limited through the requirement for prior judicial authorization of interception measures (para. 249). Non-judicial authorities may also be competent to authorize interception, provided they are sufficiently independent from the executive (para. 258). What is important, the Court said, is that the entity authorizing interception must be “capable of verifying the existence of a reasonable suspicion against the person concerned, in particular, whether there are factual indications for suspecting that person of planning, committing or having committed criminal acts or other acts that may give rise to secret surveillance measures, such as, for example, acts endangering national security” (para. 260). This finding clearly constitutes a significant threshold which a number of existing and pending European surveillance laws would not meet. For example, the existence of individualized reasonable suspicion runs contrary to the premise of signals intelligence programs where communications are intercepted in bulk; by definition, those programs collect information without any consideration of individualized suspicion. Yet the Court was clearly articulating the principle with national security-driven surveillance in mind, and with the knowledge that interception of communications in Russia is conducted by Russian intelligence on behalf of law enforcement agencies.

The Russian-led military coalition is badly beating Washington’s proxies in Syria which is why John Kerry is calling for a “Time Out”. On Monday, U.S. Secretary of State John Kerry called for an emergency summit later in the week so that leaders from Russia, Turkey, Saudi Arabia and Jordan could discuss ways to avoid the “total destruction” of Syria. According to Kerry, “Everybody, including the Russians and the Iranians, have said there is no military solution, so we need to make an effort to find a political solution. This is a human catastrophe that now threatens the integrity of a whole group of countries around the region,” Kerry added. Of course, it was never a “catastrophe” when the terrorists were destroying cities and villages across the country, uprooting half the population and transforming the once-unified and secure nation into an anarchic failed state. It only became a catastrophe when Vladimir Putin synchronized the Russian bombing campaign with allied forces on the ground who started wiping out hundreds of US-backed militants and recapturing critical cities across Western corridor. Now that the Russian airforce is pounding the living daylights out of jihadi ammo dumps, weapons depots and rebel strongholds, and the Syrian Arab Army (SAA) is tightening their grip on Aleppo, and Hezbollah is inflicting heavy casualties on Jabhat al Nusra militants and other Al Qaida-linked vermin; Kerry’s decided it’s a catastrophe. Now that the momentum of the war has shifted in favor of Syrian president Bashar al Assad, Kerry wants a “Time out”.

Keep in mind, that Putin worked tirelessly throughout the summer months to try to bring the warring parties together (including Assad’s political opposition) to see if deal could be worked out to stabilize Syria and fight ISIS. But Washington wanted no part of any Russian-led coalition. Having exhausted all the possibilities for resolving the conflict through a broader consensus, Putin decided to get directly involved by committing the Russian airforce to lead the fight against the Sunni extremists and other anti-government forces that have been tearing the country apart and paving the way for Al Qaida-linked forces to take control of the Capital. Putin’s intervention stopped the emergence of a terrorist Caliphate in Damascus. He turned the tide in the four year-long war, and delivered a body-blow to Washington’s malign strategy Now he’s going to finish the job. Putin is not gullible enough to fall for Kerry’s stalling tactic. He’s going to kill or capture as many of the terrorists as possible and he’s not going to let Uncle Sam get in the way. These terrorists–over 2,000 of who are from Chechnya–pose an existential threat to Russia, as does the US plan to use Islamic extremists to advance their foreign policy objectives. Putin takes the threat seriously. He knows that if Washington’s strategy succeeds in Syria, it will be used in Iran and then again in Russia. That’s why he’s decided to dump tons of money and resources into the project. That’s why his Generals have worked out all the details and come up with a rock-solid strategy for annihilating this clatter of juvenile delinquents and for restoring Syria’s sovereign borders. And that’s why he’s not going to be waved-away by the likes of mealy-mouth John Kerry. Putin is going to see this thing through to the bitter end. He’s not going to stop for anyone or anything. Winning in Syria is a matter of national security, Russia’s national security.

“Syrian President Bashar Assad “does not have to leave tomorrow or the next day,” the US State Department (spokesman Mark Toner) has stated. Washington allows that Assad may take part in transitional process, but can’t be part of Syria’s next government… “… this isn’t the US dictating this. This is the feeling of many governments around the world, and frankly, the majority of the Syrian people,” Toner said.