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EU May Forbid the Transfer of Personal Data To the US
An anonymous reader writes: As the Snowden revelations have shown, personal data stored in the United States of America is not protected from the US government, be it through warrantless eavesdropping or national security letters. In light of this, the general attorney for the Court of Justice of the European Union has just issued an opinion requiring the US to be removed from the list of "safe harbors", where the transfer of personal data of European citizens is permitted. If the court follows his opinion, the change will have deep impact in the operations of large transnational Internet companies, between a US government that wants to keep on spying, and European authorities that will punish them if they let it happen.
No one has made a claim yet
And the ability of the US to dictate terms to anyone is plummeting .
Turns out the rest of the world is far more interesting.
Actually, what you're saying is false. The case stems from a complaint brought by an Austrian citizen against Facebook. That constitutes bringing a claim against a US organization. The Irish Data Protection Commissioner ruled against the claim, so it was appealed to the European Court of Justice.
And, let's be clear, the EU is actually the one trying to dictate the law to the US. Schrems' lawyer was quoted as saying, "If the United States doesn't change its laws in order to guarantee a minimum of data protection to European citizens, U.S. companies will have to process their data in the EU."
I despise mass surveillance like what's going on in the US. I actually think EU citizens have a right to be angry that their data is being handed over to the US en masse. I just don't think the treaty is being followed by the EU and that the EU is actually trying to tell the US what US laws should be. It doesn't necessarily mean they're wrong to despise the mass surveillance.
The EU is trying to dictate the law to companies that are doing business in Europe, not against the US government or congress. Which every country does on its territory. Note that the case is against Facebook, not the US government.
Some of these companies happen to be US companies. Who may be in a bind soon, as the European Court of Justice is likely to invalidate the Safe Harbor Agreement, as it usually follows the advice of its general attorney. If that happens, said US companies are no longer allowed to store data of EU citizens outside the EU, but at the same time they may be told by the US via national security letter to hand over those data.
If both the US and the EU stay adamant, companies like Facebook may have to choose between doing business in the US or in Europe.
C - the footgun of programming languages
Nope, it's absolutely necessary for US companies to either be certified under the International Safe Harbor Privacy Principles, or otherwise demonstrate to the EU that they abide by those principles, in order to be allowed to transfer personal data to the US. Any other scenario would be a violation of the Data Protection Directive, because the USA doesn't provide adequate level of protection, and never has.
The problem is that the certification process is easier, and totally unreliable, especially when it comes to big fishes. The FTC hasn't shown any willingness to make any effort to enforce it significantly (FTC: "Are you complying to the Safe Harbor Principles?" Big Data: "Yes we are." FTC: "Good. Here's your certification."), making it de facto a vast scam.
There's nothing like $HOME
The treaty doesn't give US a permission to spy. And yeah, there is a treaty, now the EU is questioning the treaty, and if US will keep on spying there will soon be no treaty. Dictating laws? Well, the thing is, nobody is dictating anything, just stating that US and EU laws are in conflict, and if some side doesn't change there can't be a treaty. You really expect them to first suggest they should drop all privacy protections from their own citizens?
The US infrastructure is ageing.... badly.
The US debt is increasing
The US is no longer the worlds largest, that goes to China with India and Brazil rising
The only things the US is No1 in is military spending and prison population.
All other metrics the US barely makes it into the top 10, if ever.
Education, Welfare, freedom of the press, Honesty, life expectancy, health, racial harmony, corruption.
Actually, the end of the Cold War was expedited considerably because Bush Sr and James Baker promised Gorbachev they would not expand NATO eastward. "Not one inch" was the phrase at the time.
Now NATO have added basically all of eastern Europe, and are trying to incorporate Ukraine.
Doesn't make Putin a good guy, he patently is not. But without this context it is not actually possible to understand the situation.
Consider how the US would react if Russia were spending billions toward unconstitutional regime change in Mexico with the aim of installing a virulently anti-american regime there? 'Cause that is pretty much what happened in Ukraine.
The US isn't a safe place to store anyone's personal data. Never has been. The subtext/attitude has always been 'anything you give us is ours to do with as we please'. The irony here sadly is that "EU" includes the UK (for the time being at least) and here the GHCQ do whatever they like. There is no meaningful oversight nor will there ever be.
I do not want your cheap brainburning drugs. They are useless for work. And I am a working man today.
Won't help. As long as they are US companies the US Courts think they can force them to divulge information stored in EU.
From an actual court case still active against Microsoft.
Just saying it like it are.