Slashdot Mirror


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."

22 of 211 comments (clear)

  1. Workaround by Anonymous Coward · · Score: 5, Insightful

    Sue in Belgium.

    1. Re:Workaround by arivanov · · Score: 4, Informative

      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/
  2. So, uhhhh, when.... by Anonymous Coward · · Score: 5, Insightful

    So, uhhhh, when will Americans start to realize that there's just a wee bit of fascism taking hold of their nation? You'd think with something as clear-cut as this, more people would wake up to that fact...

    1. Re:So, uhhhh, when.... by arivanov · · Score: 4, Funny

      He is definitely un-'Merican. Wee means small is Glaswegian and the last time I have heard Glasgow is still part of the UK though some fishy characters want it to secede.

      --
      Baker's Law: Misery no longer loves company. Nowadays it insists on it
      http://www.sigsegv.cx/
  3. Since when... by michaelmuffin · · Score: 5, Insightful

    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.

    1. Re:Since when... by VValdo · · Score: 4, Informative

      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

      --
      -------------------
      This is my SIG. There are many like it, but this one is mine.
  4. Now SWIFT is an interesting subject by A+beautiful+mind · · Score: 5, Interesting

    Basically, those are the guys who run international banking, with the message centers and the networking. As far as I know, their physical location is a secret aswell, only a few of these centers exist in the world. SWIFT is more or less owned by the largest banks in the world, roughly based on their marketshare and size. That was the only way they felt assured that noone is going to swindle them with 8 bit xor "encryption" on financial transactions.

    If these guys are cooperating with Bush/the US Govt., then basically the largest banks in the world are cooperating with Bush, giving the US access to international banking.

    --
    It takes a man to suffer ignorance and smile
    Be yourself no matter what they say
  5. Re:this all sounds so shady by tibike77 · · Score: 4, Informative

    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.

    --
    By reading this signature you agree to not disagree with the post you just read.
  6. To put it another way... by PlayItBogart · · Score: 5, Funny

    Hey, can I rummage through your girlfriend's panty drawer? She won't mind, right? I'm looking for weapons of mass destruction. Seriously.

    1. Re:To put it another way... by arivanov · · Score: 4, Funny
      I'm looking for weapons of mass destruction

      Surely, weapons of mass distraction, right?

      --
      Baker's Law: Misery no longer loves company. Nowadays it insists on it
      http://www.sigsegv.cx/
  7. Re:What's the matter? by Sectrish · · Score: 5, Informative

    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.

  8. Re:this all sounds so shady by Anonymous Coward · · Score: 5, Insightful



    "CIA takes neccessary steps to prevent the deaths of American children. Slashdot liberal weenies start to cry about the rights of terrorist criminals. CIA as usual disregards impotent nerdy chestbeating."

    Even 'terrorist criminals' have rights. The value of an American child should not be greater than that of a child from any other country.

  9. What gave the CIA the rights... by bomanbot · · Score: 4, Interesting

    ...to comb through private financial recordings from a Belgian bank in the first place? I mean, last time I checked, Belgium does not exactly fall under US jurisdiction, doesn't it? Wouldn't that fall under some international laws or something?

  10. Re:What's the matter? by malkavian · · Score: 5, Informative

    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.
  11. Re:It's relative. by Jah-Wren+Ryel · · Score: 4, Interesting

    The only borderline-objective source for normalcy seems, to me, to be what the market actually produces in response to consumer desires. Nice theory, too bad it depends on a free market. When the whitehouse can dole out interviews and 'leaks' to favored networks and many news agencies are themselves just subsidiaries of larger companies with larger agendas that can easily conflict with the simple goal of unbiased reporting, then simple market-based theories aren't very meaningful.

    people abandoned CNN in the late 90s and early 2000s to watch Fox News instead. That's an indicator to me, that the public is actually quite -- perhaps frighteningly -- conservative. That's certainly one interpretation. But not the only one. There are more dimensions to news reporting than just "left and right." A few years ago, I saw an interview with one of the original program directors for Fox News. He attributed much of their success over CNN to their style of reporting -- not their content. Fox made a deliberate presentation decision to be more "folksy," to have their anchors and reporters speak more in the fashion of one neighbor talking to another than a reporter "handing down the truth" like God to Moses.
    --
    When information is power, privacy is freedom.
  12. Would this be a bit like by Aexia · · Score: 4, Interesting

    how prior to the 2006 elections, the networks justified the tremendous slant of the guests on their Sunday Morning talk shows by pointing out that Republicans controlled the White House, Senate and House.

    But after the 2006 elections... well, the slant still exists. Guests are mostly conservative and overwhelmingly white males.

    The public has elected a Democratic House and Senate but you wouldn't realize it from the media...

  13. Re:Revolt! by GISGEOLOGYGEEK · · Score: 4, Insightful

    Look at everything their government has done to them while they've just sat their waving their flag.

    Look at the outright lies used by Bush to invade Iraq when it was well known that Iraq had nothing to do with 911, had no WMD's, and was already fully contained.

    Look at the many ways their constitutionally protected rights have been stripped away, while not one of their judges has had the balls to do their job and strike down the Patriot Act and similar unconstitutional.

    Look at the way they've allowed fundamentalist christian groups to take control, destroying the separation of church and state.

    Look at the way their government has repressed the black community, including the needless destruction of New Orleans. Bush spoke at the 2 year anniversary of Katrina in the Lower 9th Ward ... but failed to remember that it was CANADIAN government disaster response team that got into that area first ... even though several days had passed since the storm.

    Look at the way they have yet again allowed their banking system to run scams that built up to the point of being able to hurt the world economy. About every 5 years its something, this time it was their unregulated 'sub-prime' mortgages. Golly Gee! maybe we shouldn't have been giving mortgages to people without even verifying their income! duhhhh!

    The american people couldn't revolt their way out of a paper bag.

    --
    George Bush + Linux = "I will not let information get in the way of the fight against Windows"
  14. Re:Slashdot Racism Is Insightful??!! by hamburger+lady · · Score: 4, Funny

    'a bit of a southern drawl' is not the same as 'chews up and mangles the english language'.

    thanks for playing tho.

    I guess the it shows conservatives are focus better on issues that the lefty crowd.

    it's almost comedy! speaking of mangling english...

    --

    ---
    Is this the MPAA? Is this the RIAA? Is this the DMCA? I thought it was the USA!
  15. Re:Slashdot Racism Is Insightful??!! by unlametheweak · · Score: 4, Insightful

    Since when did Clinton turn Liberal? Clinton was the guy who introduced the DMCA, 5 year max limit for anybody needing welfare, among other things. These points I just got off the top of my head. It's been said many times and in many ways that in America there is small "c" conservative and large "C" conservative. Nothing seems to be liberal about American politics except the rhetoric.

  16. Re:Wait, then investigate after the next election. by PinkyGigglebrain · · Score: 4, Informative

    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.

  17. Re:Revolt! by Anonymous Coward · · Score: 5, Informative

    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...

  18. Don't worry! by Sj0 · · Score: 4, Insightful

    Don't worry at all. The thing is, the Bush administration is simply doing this, ONCE AGAIN, to hide the fact that they've behaved ethically for the past 8 years. All the problems? All the lies used to justify an illegal war of aggression? All the illegal prisons in Cuba, all the secret prisons in Europe? All the secret illegal wire-tapping programs? All the firing attorneys for purely political reasons? All of them had perfectly good explanations, but the Bush Administration is simply too humble to want everyone to know, so they use things like "state secrets" or "executive privilege" to protect themselves from the lack of controversy.

    --
    It's been a long time.