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Dutch Court Says Government Can Receive Bulk Data from NSA

jfruh (300774) writes Dutch law makes it illegal for the Dutch intelligence services to conduct mass data interception programs. But, according to a court in the Hague, it's perfectly all right for the Dutch government to request that data from the U.S.'s National Security Agency, and doing so doesn't violate any treaties or international law.

20 of 109 comments (clear)

  1. Rampant Corruption by Anonymous Coward · · Score: 5, Insightful

    Politicians and diapers must be changed often, and for the same reason. -- Mark Twain

    1. Re:Rampant Corruption by jeIIomizer · · Score: 2

      There's still a sizable majority across parties in favor of such wiretapping, for pretty simple reasons:

      Because they're freedom-hating scumbags who would rather sacrifice people's fundamental liberties for safety. No free, principled country would do such a thing, but hey, you have to have safety above all, right? And the government is made up of perfect little angels who could never abuse their powers or make a mistake, so they'll definitely use all this information wisely.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
  2. Just wow. by gstoddart · · Score: 5, Insightful

    I love how pretty much every country has come to the same conclusion: We can bypass our own laws if we have someone else do it for us.

    They've all decided, well, we can't spy on our own people, but if the Americans do it for us it's all good.

    Essentially reciprocity means that any laws which are intended to protect you will be bypassed as people get other actors to do it for them.

    So, it's illegal for the Dutch to spy on their own people, probably illegal when the US spies on the Dutch, but since they've already for the information, why not?

    Pathetic. Free societies aren't maintained by using loopholes to get around laws intended to control how your citizens get spied on.

    What horsehit.

    When governments are getting the take from the blanket surveillance the Americans (and really, the rest of the world), they have very little incentive to actually stop the surveillance in the first place.

    Some days it seems like the US has more or less subverted the privacy and rights of everyone on the planet, and every other government is deciding the information sharing is too valuable to recognize they're just lying to us and doing it anyway.

    At this point, I don't believe any elected official, or member of any of these state security entities deserves any privacy rights at all. Because they've all decided we don't.

    The dystopian future is alive and well, and getting worse every day.

    --
    Lost at C:>. Found at C.
    1. Re:Just wow. by sribe · · Score: 2

      They've all decided, well, we can't spy on our own people, but if the Americans do it for us it's all good.

      Well, after all, even the Americans have decided that ;-)

    2. Re:Just wow. by Anonymous Coward · · Score: 2, Insightful

      If they remember their own history about how their own census records in the Netherlands was used against Dutch citizens during the German occupation of WWII, then the Dutch should be very concerned about the retention of data on their families by any government, including their own. Nothing gathered is ever completely safe and it can all be used against them.

      The mere existance of such records can be an invitation to disaster, no matter how seemingly innocent they appear. The Dutch no doubt proudly included their religious affiliation into their census and the Germans used the census data and IBM Hollerith machines to assist in rounding them up and sending them to death camps.

      Even your purchases at the grocery store can get you deemed unclean and unfit to live by the right radical groups. That within the last year you have purchased all the necessary ingredients to produce X bombs, regardless of how you actually used the items. ETC

    3. Re:Just wow. by ObsessiveMathsFreak · · Score: 2

      I love how pretty much every country has come to the same conclusion: We can bypass our own laws if we have someone else do it for us.

      There's nothing surprising in this. Most countries hire consultants and advisors from the same international legal/accounting firms, who themselves have been trained in the same schools of thought, and often the same universities. The international ascendancy is mostly a mono-culture.

      --
      May the Maths Be with you!
    4. Re:Just wow. by erikkemperman · · Score: 2

      Absolutely right.

      I would only add that, in addition to worrying about an evil foreign power getting hold of such records, we should also worry about evil local groups who might be in government some time in the future.

      Which is why, in my opinion, these records should be subject to strict time limitations and expire sooner rather than later -- if we decide we need them at all for, you know, only slightly evil purposes.

      --
      Gosh, thanks. That must be why the other ships call me Meatfucker -- GCU Grey Area (Eccentric)
    5. Re:Just wow. by cardpuncher · · Score: 4, Insightful

      In 2004, the Court of Appeal in England ruled that it was OK to admit evidence obtained under torture into English trials, provided that the torture had been carried out elsewhere. David Blunkett, the Home Secretary at the time said:

      "We unreservedly condemn the use of torture and have worked hard with our international partners to eradicate this practice. However, it would be irresponsible not to take appropriate account of any information which could help protect national security and public safety"

      The Appeal Court ruling was finally overturned by the House of Lords the following year.

      However, given the enthusiasm of the original judges and the Home Secretary of the time and the ever increasing use of the "because terrorism" excuse, I'm not sure that there would be similar hope of justice prevailing in the future. It's not just privacy on the line.

  3. Bright side by Anonymous Coward · · Score: 5, Funny

    I love how pretty much every country has come to the same conclusion: We can bypass our own laws if we have someone else do it for us.

    Well, if the US government charges a hefty fee for this - say a percentage of a country's GDP - we could be an exporter of Big Brother services.

    Just think, based on the economic principle of Comparative Advantage, we, the US of A, can spy on the rest of the World (think how much money the Chinese would pay us to watch their citizens!) while they pay us percentages of their GDPs.

    Think about it, we could sit on our asses in leisure while they all bust their asses growing our food, making our clothes, etc ... and if they step out of line, well, we KNOW where they live!

    1. Re:Bright side by gstoddart · · Score: 4, Insightful

      Yeah. You just keep telling yourself that your government would never do anything like this, that it's just an American thing.

      Oh, you misunderstand me.

      My government is part of the 5 eyes, and is guilty of this exact same kind of reciprocal arrangement.

      I think it's all pathetic. But I also think it's being largely driven by the US, because since 9/11 it has become increasingly the case where the US will do anything for their own security. And I have great fears that they're the ones creating the global surveillance state.

      But, make no mistake about it, I believe all governments participating in this are undermining rights and freedoms, including my own. The rest of the world hasn't consented to this, it's being done to us by secret treaties, and bypassing our own courts.

      The problem is FAR too many people are saying "well, it's OK, as long as they're doing it for our security".

      Sooner or later, with this level of widespread surveillance, we'll all be fucked. Because secret agencies will know every damned thing about you, and sooner or later, my worst tin-foil hat fears will come to be normal.

      I don't think America is the only one doing this. But I do lay the blame squarely at the feet of the US for feeling it's their right to spy on every goddamned person on the planet.

      When did the security of the US trump the rights of everyone else? Who the hell agreed to that?

      Papers please, comrade. If you have nothing to hide you have nothing to fear.

      --
      Lost at C:>. Found at C.
  4. Why do we bother? by meta-monkey · · Score: 3, Insightful

    Look, just install the telescreens in our homes already. Drop the charade, we all know where it's going. You know we're not going to do anything about it. Let's just cut to the chase and get it over with.

    --
    We don't have a state-run media we have a media-run state.
  5. Re:Yep. by pahles · · Score: 4, Insightful

    Coming from somebody who lives in a country that started wars for no reason but monetary gain...

    --
    Sig?
  6. Let's sell child porn to The Netherlands by Sloppy · · Score: 2

    Though we'll face some risks from our own governments, it's a relief to know at the Dutch government would have no problem with me selling kiddie porn (as long as it was made in America) to Dutch citizens. "No crime happened here, within our jurisdiction," they'd say.

    In fact, the Dutch government should tolerate our new businesses even more than this NSA thing, since the victims (whereever their rights were violated) won't even be Dutch citizens. No Netherlander will have any reason to say their government let them down.

    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  7. Godwin and wrong at the same time by Crashmarik · · Score: 3, Informative

    http://www.historylearningsite...

    The dutch not only resisted the Nazis, they openly had strikes and did more to protect their Jewish citizens than virtually any other country in Europe.

    1. Re:Godwin and wrong at the same time by Anonymous Coward · · Score: 2, Insightful

      Bullshit. The Netherlands had the highest rate of Jewish deportation of any Nazi-occupied country in Europe. They fell all over themselves turning in Jews. All that "We resisted" shit is what the grandparents tell their grandkids so they won't have to admit the truth. And the truth is that 75% of Dutch Jews died in concentration camps, a way higher percentage than almost any other occupied country. The Dutch didn't hide their Jews, they handed them over as fast as they could.

      Read up on it

    2. Re:Godwin and wrong at the same time by MRe_nl · · Score: 2

      http://en.wikipedia.org/wiki/C...
      ad.The terrain in the Netherlands isn't exactly conducive to any form of partisan resistance, there is no wilderness to speak of to hide in/have droppings/train in.

      --
      "Kill 'em all and let Root sort 'em out"
  8. Maybe you should read the link you post? by MRe_nl · · Score: 3, Informative

    Shortly after it was established, the Nazi military regime began to persecute the Jews of the Netherlands. In 1940, there were no deportations and only small measures were taken against the Jews. In February 1941, the Nazis deported a small group of Dutch Jews to Mauthausen-Gusen concentration camp. The Dutch reacted with the February strike, a nationwide protest against the deportations, unique in the history of Nazi-occupied Europe. Although the strike did not accomplish muchâ"its leaders were executedâ"it was an initial setback for Seyss-Inquart as he had planned to both deport the Jews and to win the Dutch over to the Nazi cause. Before the February strike, the Nazis had installed a Jewish Council: a board of Jews, headed by Professor David Cohen and Abraham Asscher, who served as an instrument for organising the identification and deportation of Jews more efficiently, while the Jews on the council were told and convinced they were helping the Jews. In May 1942, Jews were ordered to wear the Star of David badges. Around the same time the Catholic Church of the Netherlands publicly condemned the government's action in a letter read at all Sunday parish services. Thereafter, the Nazi government treated the Dutch more harshly: notable Socialists were imprisoned, and, later in the war, Catholic priests, including Titus Brandsma, were deported to concentration camps. Of the 140,000 Jews who had lived in the Netherlands before 1940, only 30,000 (21%) survived the war. But the real picture was even worse than this suggests. The Netherlands had the highest Jewish death toll of any western European country. Of the approximately 107,000 Jews deported to the camps, only 5000 survived; a survival rate of less than 5%. On top of that, included in that number were about 900 Jews still in Westerbork at war's end and not in the same extremis as those deported. This high death toll had a number of reasons. One was the excellent state of Dutch civil records: the Dutch state, before the war, had recorded substantial information on every Dutch national. This allowed the Nazi regime to determine easily who was Jewish (whether fully or partly of Jewish ancestry) simply by accessing the data. More to the point, the Dutch attitude of "going along to get along" with the Nazis made many Dutch workers more or less willing collaborators in the effort.

    Another factor was the disbelief of both the Dutch public as a whole and the Dutch Jews themselves. Most could not believe that the Jews would be subjected to genocide and sent to death camps. This meant the Jews needed to hide in others' homes, but that was difficult especially in urban areas. It was also punishable by death. Despite the risks, many Dutch people helped Jews. One-third of the people who hid Jews did not survive the war.

    --
    "Kill 'em all and let Root sort 'em out"
  9. Seems a bit odd... by TomRC · · Score: 3, Funny

    So, it's legal for Americans to spy on the Dutch? Who knew!
    Next it'll be found perfectly OK for the Dutch government to take kickbacks from American criminals that rob Dutch citizens.
    Hurrah for the newly authorized power of crime laundering!

  10. Re:At least they're open about it. by gerardrj · · Score: 2

    Government can be accountable to the people. The wealthy have the means to promote their viewpoints loudly but the only viewpoints and opinions that matter are what goes on in the voting booths.
    If the lazy Americans would stop re-electing 90%+ of the politicians they all state are doing a lousy job then perhaps we could get something productive done, like undoing a lot of the stupid that was enacted in the past 60 years. Party lines aren't the problem and people need to get over it and just vote the incumbents out.

    If we start getting regular turn-over of elected officials then the back-room deals, the special interest groups, the lobbying all become less effective as they're starting from 0 every election cycle. The problems are caused by the old white men who've been in Congress or state legislatures for decades and the entrenched system of donations, perks and fringe benefits given to them by those with money. Will it be ideal? No. Will it be better? Probably.

    --
    Article X: The powers not delegated... by the Constitution...are reserved...to the people
  11. slightly strained analogy: money laundering by eric_harris_76 · · Score: 2

    This may be more a metaphor than an analogy.

    The Dutch and American governments are doing something analogous to money laundering.

    Only it's data, not money, that goes from bad to good, by taking a different path.

    And it's governments, not individuals or companies, that are doing it.

    And government decides it's not a violation, when government does it.

    The metaphor is "data laundering". Or "illegal surveillance data laundering".

    --
    There's no time like the present. Well, the past used to be.