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US, Germany To Enter No-Spying Agreement

itwbennett writes "The German Federal Intelligence Service said in a news release that the U.S. has verbally committed to enter into a no-spying agreement with Germany. The no-spying agreement talks were announced as part of a progress report on an eight-point program proposed by German Chancellor Angela Merkel in July with measures to better protect the privacy of German citizens. In the progress report, the German government found that U.S. intelligence services comply with German law. Also, the operators of large German Internet exchanges and the federal government did not find any evidence that the U.S. spies on Germans, the government said."

44 of 209 comments (clear)

  1. yeah, right by Black+Parrot · · Score: 4, Insightful

    and no one will ever cheat.

    --
    Sheesh, evil *and* a jerk. -- Jade
    1. Re:yeah, right by dkleinsc · · Score: 4, Insightful

      In other words, a verbal commitment is worth the paper it's written on.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    2. Re:yeah, right by bill_mcgonigle · · Score: 5, Funny

      I, for one, trust James Clapper to not lie to the Bundestag.
       

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    3. Re:yeah, right by ImdatS · · Score: 3, Insightful

      WHEREAS

      "USA" shall mean the "United States of America" and all its government and military institutions.
      "US Citizen" shall mean any citizen of "USA". ...

      WHEREAS
      "Germany" shall mean the Federal Republic of Germany and any and all government and military institutions.
      "German Citizen" shall mean any citizen of "Germany". ...

      NOW THEREFORE,

      Germany and USA agree that neither party shall secretly or otherwise authorize any of its citizens to secretly obtain information about the other party's citizen or those citizen's communication, publication, ... within the other party's legal borders unless expressly authorized by the other party.

      --snip--
      Do you see the problem?

      1) "Oh, sorry. We though he is not a citizen of your country because his name isn't a typical German/US name."
      2) "We didn't spy within your borders. We just checked emails on Gmail, Yahoo, etc."
      3) "We never authorized such spying. We will identify the person and fire him/her."
      4) "Hey Max, I have this guy in [Berlin|New York] and have ample int that he might be plotting to commit acts of terrorism. Can you let me spy on him?" - Max: "Yeah, sure, go ahead. I also have a guy in [Munich|Orlando], can I spy on him? He seems to be interested in pressure cookers..." - "Of course, be my guest."

      Just for the fun of it - I've been doing contracts for so many years, I love picking at them and trying to identify all the holes in them...

    4. Re:yeah, right by Trikenstein · · Score: 4, Funny

      They pinky swore that's like totally, totally binding you get warts if you break a pinky swear

    5. Re:yeah, right by SnarfQuest · · Score: 2

      the Obama government only violates the Constitutional Rights of its own citizens, it would never consider violating the rights of foreigners. That would be, like, wrong, and they'd never break foreign law.

      --
      Who would win this election: Andrew Weiner vs Andrew Weiner's weiner.
    6. Re:yeah, right by Dishevel · · Score: 2

      and no one will ever cheat.

      I do not know about Germany ... But the US won't have to cheat.

      After all. The NSA is able to get the meta data for all US citizen phone calls and all of our browsing habits and emails and they are not spying on us.

      I am sure they can "Not Spy" on Germany in much the same way.

      --
      Why is it so hard to only have politicians for a few years, then have them go away?
    7. Re:yeah, right by Capt.Albatross · · Score: 2

      In other words, a verbal commitment is worth the paper it's written on.

      It is every bit as good as a written constitution.

    8. Re:yeah, right by Bill,+Shooter+of+Bul · · Score: 2

      Ignoring the insanity that the US controls al Qaeda, that is probably the way it will happen.

      They'll outsource the dirty work to another country, kind of like the renditions where they'd send a prisoner to a country that did torture them to get the info they wanted so the US could say they didn't torture.

      --
      Well.. maybe. Or Maybe not. But Definitely not sort of.
    9. Re:yeah, right by gweihir · · Score: 2

      Noooo, that would be dishonest! Like spying on "friends"! Oh, wait....

      Seriously, what the US is doing would be rightfully called an "act of war" in ordinary circumstances. As the current German political class is mostly composed of wimps with no backbone or personal honor, they try to sweep this whole mess under the rug. A few nice meaningless words can do the trick, as many Germans do not seem to understand what is going on. This is even more crass as Germany has made excessive bad experience with spying on citizens during the 3rd Reich and in the DDR. Seems people are unable to learn from history.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    10. Re:yeah, right by Anonymous Coward · · Score: 2, Insightful

      How so? In a verbal agreement, there is no record of what was said. If there is a conflict, it is one person's word against another's. A written constitution at least provides something that you can point at and say "yes, you did agree to that" (even if the other party is powerful enough to say "well fuck you, I don't care").

      It's every bit as good as a written Constitution with "United States" in the title.

    11. Re:yeah, right by Opportunist · · Score: 5, Funny

      Hey, the last time someone made an oral commitment in the oval office it almost lead to impeachment. We can only hope.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    12. Re:yeah, right by Trikenstein · · Score: 2
      uh, no
      You have to have the deranged pink horse sleep on your warts to get rid of them

      And deranged pink horses are extremely Flatulent

    13. Re:yeah, right by Anonymous Coward · · Score: 4, Funny

      you get warts if you break a pinky swear

      I hear that's how we ended up with Texas.

    14. Re:yeah, right by schwit1 · · Score: 3, Informative

      Almost? President Bill Clinton was impeached on 19 Dec 1998 by the House of Representatives on grounds of perjury to a grand jury (by a 228-206 vote) and obstruction of justice (by a 221-212 vote).

    15. Re:yeah, right by Vintermann · · Score: 2

      If Merkel & Co can look at what's been revealed and say "we see no spying here", it shouldn't be so hard for the US to keep abstaining from spying.

      --
      xkcd is not in the sudoers file. This incident will be reported.
    16. Re:yeah, right by Seumas · · Score: 5, Insightful

      Exactly. I was going to say "don't fall for this, Germany -- we have an agreement for our government not to spy on us, too... it's called the Constitution... which our current Constitutional Lawyer president and former presidents have completely shit upon".

    17. Re:yeah, right by Zemran · · Score: 2

      Spying, by definition, is without permission therefore not agreed upon. Therefore an agreement not to spy has no meaning as you cannot agree to not agree about something. The whole idea is just political spin as both sides must know that this has no meaning and it is only to keep the plebs happy.

      --
      I love stacking my barbecues in the shed at the end of summer - you can't beat a bit of grill on grill action.
    18. Re:yeah, right by penix1 · · Score: 4, Informative

      Essentially the problem boils down to that the president doesn't have the mandate to enter into an international treaties and other nations tend to not know this.

      Poppycock! In fact, the President is the ONLY one in the federal government with a mandate to enter into treaty with other nations. Article 2 Section 2 gives him the power with the advice and consent of the Senate. Without the President initiating it, you have no treaty.

      "Article 2 Section 2 Clause 2: He shall have the power, by and with the advice and consent of the Senate, to make treaties..."

      It doesn't get any clearer than that. It's the President who does the negotiating with the Senate. It starts with the President.

      --
      This is a sig. This is only a sig. Had this been an actual sig you would have been informed where to tune for more sigs.
    19. Re:yeah, right by Torvac · · Score: 2

      the german politicians wording atm is : "the usa will not spy on germans in germany".

  2. I want one too by Kasamir · · Score: 5, Insightful

    Can I get a no-spying agreement with the U.S. government?

    1. Re:I want one too by Anonymous Coward · · Score: 5, Insightful

      We have one, it's called the fourth amendment.

      See how well that turned out for us?

    2. Re:I want one too by Trogre · · Score: 2

      It's kinda funny how literally shitting on each other is the German national pastime, and yet only the NSA knows who exactly is shitting on whom.

      I do not think that word means what you think it means.

      --
      "Nine times out of ten, starting a fire is not the best way to solve the problem." - my wife
    3. Re:I want one too by Artea · · Score: 2

      It's kinda funny how literally shitting on each other is the German national pastime, and yet only the NSA knows who exactly is shitting on whom.

      I do not think that word means what you think it means.

      I don't think you've been to that part of the internet yet.

  3. What's not to believe? by intermodal · · Score: 4, Funny

    It's not like the US intelligence groups ever go beyond what laws allow, nor do they ever lie about such things...

    --
    In SOVIET RUSSIA... erm...NSA AMERICA, the Internet logs onto YOU!
  4. What about my country? by Thruen · · Score: 2

    How can I talk my country's leaders into negotiating such an agreement? Does anyone know who I can send a letter to? I live in the United States of America, sure such a bastion of freedom wouldn't allow spying on its citizens...

  5. If you don't get caught you didn't do it... by tenchima · · Score: 2

    According to Wikipedia: "Espionage or spying involves a government or individual obtaining information considered secret or confidential without the permission of the holder of the information. Espionage is inherently clandestine, as it is taken for granted that it is unwelcome and, in many cases illegal and punishable by law." I think the operative word here is clandestine...

    --
    If at first you don't succeed, so much for skydiving.
  6. Sure, can America not spy on Americans too? by Nadaka · · Score: 4, Funny

    Sure, can America not spy on Americans too?

    That sure would be nice.

  7. Don't worry USA! by Anonymous Coward · · Score: 5, Insightful

    The UK will spy on Germany for you!

  8. Ummm.. by Deflagro · · Score: 3, Informative

    Did that agreement have a little smiley face on it near the end? Does anyone really expect the USA to be honest about their activities? This is more likely a coordinated display to show the US feels bad about being caught red-handed and now they can be trusted by the worldz again.

    The UK will be next I'm sure... I don't know the lapdog priority in Europe though :P

    --
    Der Tod ist der einzige Weg hier raus!
    1. Re:Ummm.. by mcgrew · · Score: 2

      Wink wink, nudge nudge

      (I'm surprised nobody's said that yet.)

  9. Mutual spying agreement by Dr.Dubious+DDQ · · Score: 4, Insightful

    I read this as a "spying exchange agreement". The US promises not to spy on Germans, and the Germans agree not to spy on Americans.

    Instead, if the NSA wants spy data on German citizens, they'll metaphorically "extradite" data that the German government has collected on its citizens (and vice versa).

    That would be my guess, anyway.

  10. Read the fine print.. by Rivalz · · Score: 2

    Here's how I think this agreement will turn out.
    1) If violated the president agree's to have his feet tickled profusely.
    2) To avoid being caught the US allows UK to spy on Germany using our equipment which they hand over the info to us.
    3) US asks the UK not to Spy on the US for this benefit
    4) US asks Germany to Spy on UK for the US for our agreement not to spy on German

  11. No problems ...wink wink by arcite · · Score: 4, Insightful

    The US will just contract out the spying to a third party (or country, ally). No harm no foul. Money talks.

  12. Sounds legit by Arancaytar · · Score: 3, Insightful

    - "We're not spying on anyone, we promise."
    - "Here's proof you were spying."
    - "Oops. Well, we won't spy on anyone anymore, we promise."

  13. who cares? by stenvar · · Score: 3, Insightful

    I have no problem with the German government trying to spy on me. Why? Because the German government has no jurisdiction over me. German state security can't appear on my doorstep and arrest me, no matter how much Merkel or her minions may disapprove of me.

    I do have a problem with the US government spying on me, because DHS and DEA can appear on my doorstep and make my life miserable if they don't like me or want to enrich themselves or find it useful for some other reason, circumventing the justice system and the rule of law.

    Obama made restoring privacy and the rule of law a key point of his presidential bid, and it has turned out to be complete lies.

  14. Re:No problems ...wink wink by interval1066 · · Score: 3, Insightful

    Germany, as the economic engine to the EU, certainly has the money to do the same, and don't think they won't. This will last only as long as its not inconvienient to each respective parrty.

    --
    Python: 'And then suddenly you have a language which says "we're all stuck with whatever the whiniest coder wants".'
  15. fools by Tom · · Score: 4, Informative

    Please get a real journalist on this, not some blogger. A tiny bit of research will tell you a few interesting things that put things into perspective.

    For example, we have an election upcoming, so obviously the government has to appear to be doing something about it, because the people don't like it. My bets are firmly on this dragging out until the election (of course, with constant reminders and "progress" reports) and afterwards, it'll quickly be forgotten.

    For example, there are still laws in place from the end of WW2 and the times of the foundation of the Federal Republic of Germany that guarantee the allies spying rights. One of those agreements has just been revoked, to great PR effect. Almost all the mainstream media ignored that other agreements to the same effect still stand.

    For example, the german equivalent, the BND, has been accused of working closely with the NSA, to the point of providing them with raw data. And our current prime minister would sell the whole country to her american friends if it gave her a benefit (a friendly hug would probably suffice). So one likely result is that they will agree the US stops spying, then the NSA lents its spy stations to the BND, who shares the data with the NSA, so everything remains the same, but technically, the NSA isn't spying within Germany anymore.

    If you think the government or the current breed of corrupt egomanics that have taken over politics is there to protect you, you've been living under a rock the past twenty years.

    --
    Assorted stuff I do sometimes: Lemuria.org
    1. Re:fools by bitt3n · · Score: 3, Funny

      sell the whole country to her american friends if it gave her a benefit (a friendly hug would probably suffice)

      you remember GWB's famous backrub? that was for the dental records of all german citizens since the Kaiser. Tom, you really ought to have that sensitive molar of yours checked out.

  16. Just like Sgt. Schultz from Hogan's Heroes! by korbulon · · Score: 2

    "I see nussink! I vuss not hier! I dit not efen get ahp diss morning!"

  17. Meanwhile back on the ranch by pubwvj · · Score: 2

    Meanwhile both governments continue to spy on their citizens.

  18. Re:Call me old fashioned but by godel_56 · · Score: 2

    I remember when you did not need a special, explicit agreement to refrain from spying on your own allies.

    I'm curious - what world did you grow up in? Governments have spied on their allies since there were governments.

    Yes, but it's probably fairly new where a government will spy on its own people for another foreign government.

  19. Election Time in Germany by Anonymous Coward · · Score: 2, Insightful

    It is election campaigning time in Germany: 'A German federal election will be held on 22 September 2013 to determine the 598 (or more, if overhangs are produced) members of the 18th Bundestag, the main federal legislative house of Germany.' (wiki http://en.wikipedia.org/wiki/German_federal_election,_2013)

    These talks about a no-spying agreement is to calm down the population and to try to keep Germans happy about reelecting the incumbents or former incumbents of the major, established parties. The NSA spying scandal could benefit new-comer parties like the Pirate Party.

  20. Re:No problems ...wink wink by isorox · · Score: 4, Insightful

    The US will just contract out the spying to a third party (or country, ally). No harm no foul. Money talks.

    Yes, the US will contract out it's Euro spying to Germany.

    Meanwhile Germany will contract out it's America spying to the US.

    Job done.