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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."

24 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 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.
    6. 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.

    7. 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).

    8. 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".

    9. 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.
  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?

  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. 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.

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

    The UK will spy on Germany for you!

  6. 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!
  7. 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.

  8. 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.

  9. 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."

  10. 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.

  11. 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".'
  12. 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.

  13. 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.