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US May Invoke "State Secrets" To Stop Banking Suit
An anonymous reader sends us to the International Herald Tribune for news that the Bush administration is signaling that it plans to turn once again to a favorite legal tool, the 'state secrets' privilege. The administration wants to shut down a lawsuit brought against Swift, a huge Belgium banking cooperative that that the article calls the "nerve center of the global banking industry," after it was revealed that Swift secretly let the CIA comb through millions of private financial records. Quoting: "Two US banking customers sued Swift on invasion-of-privacy grounds. Many legal and financial analysts expected that the lawsuit would be thrown out because US banking privacy laws are considered much more lax than those in much of Europe. But to the surprise of many, a judge refused to throw out the lawsuit in a ruling in June."
Banks help CIA spy, customers find out, sue banks, judge does not through out suit, gov plays "state secret" card for distance and/or to help the banks.
There you go, less than 30 words.
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Over here in Europe this was 'big news' a few months ago (I live in Belgium).
The problem over here was that Swift provided the CIA with access to the banking transactions and allegedly personal data from all EU citizens. They could do this because Swift also has a datacentre in the USA (because this data is very precious it has to be duplicated in geographically different areas).
At least that's how I remember it to be reported.
One of the things also mentioned was that the EU could not/would not do the same against American citizens, perhaps out of fear?
To my knowledge, the last report about it stated that the data-transaction to the American government had not stopped, since then the (small) mediastorm has passed over and nobody cares anymore.
Why just Belgium?
In order to be able to perform its function swift is registered in nearly all countries around the globe. Quite a few of them have considerably more strict privacy laws combined with considerably more strict banking regulations. In addition to that in some of them the possibility for political intervention in favour of the defendant will be very slim. Frankly, I am surprised it is not being sued in Switherland.
Baker's Law: Misery no longer loves company. Nowadays it insists on it
http://www.sigsegv.cx/
Since when can the State Secret privilege be used to keep secret a program that is probably illegal? That's an enormous conflict of interest. The president doesn't (or at least shouldn't) have the "privilege" to cover up what are probably illegal actions.
Since at least April 28, 2006.
W
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This is my SIG. There are many like it, but this one is mine.
One of the things also mentioned was that the EU could not/would not do the same against American citizens, perhaps out of fear?
The EU can't and won't do that, as they'd be breaking the law.Swift's location is not very secret. It's in Terhulpen, Belgium. Right near where IBM used to have an international education center.s wift+terhulpen+belgium&ie=UTF8&ll=50.735084,4.4831 3&spn=0.01081,0.031929&t=k&z=16&iwloc=A&om=1
Check it out on google maps.
http://maps.google.com/maps?f=q&hl=nl&geocode=&q=
swift offices:
http://www.swift.com/index.cfm?item_id=3209
Now it may be that their data center locations are more hidden. But I am quite sure that those are not as secret today as they may have used to be.
Your making two assumptions.
First, that whoever is in power next will WANT to investigate this.
Second, that there will be a "next election", don't forget that those in power do anything to stay in power. This administration has already tried to delay the elections in '04 due to concerns over security and has since set itself up with some scary martial law powers.
Anyone want to take bets on the odds of there being a major "terrorist attack" in the US within 4-6 months of the next election? And as long as it doesn't directly impact the "common person", increase in gas price, beer, cable TV or interrupt Monday night football, most of the sheeple will just let it happen.
The american people couldn't revolt their way out of a paper bag.
Well, some of them are organizing a General Strike on 9/11/07. The way things are, it takes some serious balls...