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Leaked TISA Documents Reveal Privacy Threat

schwit1 writes with some Wikileaks-enabled news at Forbes about the Trade in Services Agreement, a treaty currently under negotiation between the U.S., the European Union and nearly two dozen other parties. Wikileaks' release of 17 documents from the negotiating countries puts some bad light on some of the provisions being considered: From the Forbes report: Under the draft provisions of the latest trade deal to be leaked by Wikileaks, countries could be barred from trying to control where their citizens' personal data is held or whether it's accessible from outside the country. ... These negotiating texts are supposed to remain secret for five years after TISA is finalized and brought into force. Like TTIP and TPP, TISA could be sped through Congress using Trade Promotion Authority (TPA), also known as fast-track authority, which has been passed by the US Senate and may be taken up in the House this month. Under TPA, Congress is barred from making amendments to the trade deals, and most simply give yes-or-no approval.

12 of 145 comments (clear)

  1. They have no concept by KlomDark · · Score: 4, Insightful

    "countries could be barred from trying to control where their citizens' personal data is held or whether it's accessible from outside the country"

    The businesses pushing for this are the same businesses that are going to throw a fit when this affects them.

    1. Re:They have no concept by cayenne8 · · Score: 5, Insightful

      Well, this is what you get when the govt. is fully *bought* and paid for by interests other than the "people".

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    2. Re:They have no concept by dcollins117 · · Score: 5, Insightful
      It was the following line that caught my interest:

      These negotiating texts are supposed to remain secret for five years after TISA is finalized and brought into force.

      What is the need for secrecy? If this is a good deal then doing out in the open is clearly the way to go. That they are attempting to bury it suggests that this a crappy deal for all but a select few.

    3. Re:They have no concept by fustakrakich · · Score: 5, Insightful

      This is what you get when people vote for bought politicians because the TV tells them to. It doesn't have to be this way, but it seems to be the most convenient for all involved. There is no large scale resistance to any of it.

      --
      “He’s not deformed, he’s just drunk!”
    4. Re:They have no concept by ultranova · · Score: 5, Interesting

      Well, this is what you get when the govt. is fully *bought* and paid for by interests other than the "people".

      But even that's making the assumption there was ever some innocence to be corrupted, which could perhaps be restored. In reality, while money's certainly changed hands it's mostly just a matter people liking those similar to themselves. A CEO and a senator understand each other since they both pursue and wield power. They're part of the ruling class. Even if they were both full of honest, incorruptible pure pureness and good will towards man, they'd still have much more in common with one another than with Joe Average.

      This is true everywhere. Of course the bigger the pyramid of power the farther the top is from the bottom, so it shows up especially badly at EU and US federal level. However, Joe Average looks down on Joe Unemployed with exactly similar attitude his betters look at him. It's the hierarchy itself that needs to go. Democracy was a good start, but as this very article demonstrates, it's not sufficient. It makes the pyramid lower, but it's still there. I imagine the next step would need to be to guarantee economic independence for everyone; we'll likely have to resort to citizen pay anyway to keep the economy from crumbling as automation eliminates jobs, and money is the single greatest manifestation of inequality of power in all Western societies, so it makes a good next target.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    5. Re:They have no concept by MrL0G1C · · Score: 5, Insightful

      I wish you were joking, TTIP is a full out assault on democracy :-(

      ISDS is corporations wet dream - being able to sue the govt in a kangaroo court - not a normal court any time any govt decides to write a law to protect standards, rights, public services, health or the environment.

      What are gov't for again? This isn't just laws for sale, this is democracy for sale outright.

      This transatlantic trade deal is a full-frontal assault on democracy

      --
      Waterfox - a Firefox fork with legacy extension support, security updates and better privacy by default.
    6. Re:They have no concept by Penguinisto · · Score: 4, Insightful

      The sad part is, you could show the people at large that these politicians are bought and paid for, and they *still* vote for the crooks. Why? Because they've been trained to think and believe that "the other guy" is evil/hateful/fascist/$badBadBad.

      --
      Quo usque tandem abutere, Nimbus, patientia nostra?
  2. For US benefit ... by gstoddart · · Score: 5, Insightful

    How much do you want this is at the request of America so that a) their security spying can access everything, and b) so that companies like Microsoft can't be told what they can do.

    I'm so sick and tired of government officials signing away our rights under the table.

    It should be a criminal offense to have secret treaties which impact our rights.

    This is to benefit US spying interests, and corporations. Neither of which is a sensible reason to sign away our fucking rights.

    --
    Lost at C:>. Found at C.
  3. Re:Fast Track is Totally Misunderstood. by Carewolf · · Score: 5, Insightful

    Whatever the content of the treaty the fact that TPA is just standard procedure.

    You can't hammer out an agreement between multiple different countries only for a national legislature to take issue with a single concession that was won by another country and agreed to by the delegates. The negotiators are there to get the best possible deal for their country. Congress then gets to decide whether or not the deal is good enough, they can't unilaterally renegotiate it.

    No, no, no.. Especialyl not when the negotiations are secret, if they were public, the parliaments and public could comment on the procedings, but when they are secret, they can only comment and correct "mistakes" afterwards. And if you can't make a treaty that everyone will agree on in the end, maybe you are negotiating someting unacceptable. Rejecting it piecemeal by national parliaments is exactly how this should be dealt with.

  4. Re:What can *we* do? Serious! by zlives · · Score: 4, Insightful

    yet what do you do on that fated election day... which side do you vote for when both don't care.

  5. Re:The intention for this rule is probably laudabl by ledow · · Score: 5, Informative

    Not true.

    The EU has similar rules. Data cannot leave or be processed outside the country without SOMEONE in the EU taking the fall for allowing it to happen should something go wrong.

    EU data protection is pretty hard. Google, Microsoft etc. provide guarantees to EU governments that school data on their apps (e.g. Google Apps for Education/Government etc.) are never stored nor transmitted to non-EU datacentres. I know, because as part of my job, I have a legal duty to check that this is the case of any company I hand our pupil's data off to.

    Just because we don't want US noses in our data doesn't mean we're being malicious. It just means we have a set of rules and if you're not prepared to follow those rules, you can't have our data. Rules like "We have a right to see the data stored on ourselves", "We have the right to correct that information if it's incorrect", "We have a right to know what's happening to our data and who processes it and for what purpose" and so on.

    There's a reason that I cannot allow use of Apple iCloud on-site. Apple refuse to provide such guarantees. Therefore their cloud service is dead to us (for many other reasons as well, but that's just Apple). There's a reason that I cannot use a software supplier from Sri Lanka who wants our business - because they can't provide the correct guarantees of our data and thus I personally, can be held *LEGALLY* liable if they take our data and some of it leaks out (for the purposes of the EU data protection laws, leak of any personally-identifiable information can result in fines and prosecution with personal liability - personally-identifiable information might be, say, one name with, say, one date-of-birth. Game over).

    Sorry, but there's a reason that Dropbox, Twitter, Facebook, Google, Microsoft and everyone else has an Irish datacenter - they have to control and process UK and EU user's data within the EU, according to strict laws, or risk enormous fines. The US divisions "demanding" access to the EU data is the impetus of the last year to separate the companies geographically so they can legally comply with EU regulations and not have to give data to the overbearing demands of the US court system that has no such jurisdiction.

    We protect our data. Just because you don't, that doesn't make us terrorists or police states. In fact, it skews towards the exact opposite.

  6. Why? by Ultra64 · · Score: 5, Interesting

    The agreement bans government mandates for use of open source software, stating "No Party may require the transfer of, or access to, source code of software owned by a person of another Party, as a condition of providing services related to such software in its territory."