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Privacy Ombudsman Could Handle EU Complaints About US Surveillance (betanews.com)

Mark Wilson writes with this story from Beta News: One of the greatest problems facing anyone trying to tackle the problem of privacy on the web is dealing with the ideologies of different countries, and how this affects data sharing. A level of surveillance that is deemed acceptable in the US, for instance, may be considered completely objectionable in another. The latest suggestion to help overcome this seemingly insurmountable problem is to set up a privacy ombudsman that would be able to handle European complaints and queries about US surveillance.

44 comments

  1. "level of surveillance that is deemed acceptable" by Anonymous Coward · · Score: 2, Insightful

    That would be zero without a warrant issued by a public judicial system with oversight and accountability.

  2. EU has to stand up for itself by Avarist · · Score: 0

    once and for all and realize the US is anything but an ally.

    --
    In Capitalist US, the commerce controls the Government.
    1. Re:EU has to stand up for itself by kthreadd · · Score: 1

      What about European surveillance then? I don't know if there is anything going on on the EU level but some member states (Sweden in particular) already does the same kind of mass surveillance that the NSA is doing. I would not be surprised if other states does the same thing as well.

    2. Re:EU has to stand up for itself by fazig · · Score: 1

      What about that?
      While some may call it hypocrisy if those nations do it to their own citizens, it doesn't justify the mass surveillance from a foreign entity.
      How do you think the US government would react if it became public that those EU countries, that spy on their own people, targeted the US population? Perhaps they'd also invite the Russians and Chinese to the party.

    3. Re:EU has to stand up for itself by Anonymous Coward · · Score: 0

      It's not people, it's data. It doesn't matter who sends or receives the data. If you are an American and you send data onto the Internet that transmits through Sweden, then it is possible that the FRA has seen it. That's reality, today.

    4. Re:EU has to stand up for itself by Anonymous Coward · · Score: 0

      How do I know, as an American, that the EU governments aren't spying on me? That it's illegal is somewhat irrelevant, because it doesn't mean that the spying isn't going on. US intelligence has definitely been known to push beyond the boundaries of the law until their activities are exposed. That it's not public knowledge is also irrelevant because, until Snowden leaked the details of some of the NSA spying, the extent of US spying wasn't known, either. It's well known that some EU countries spy or have spied on their own citizens. Why should I believe that it's not being turned against US citizens as well? It's a fact that Germany aided the US in spying on the EU. It's a fact that Sweden assisted the US in spying on Russia. It's a fact that Germany, France, and Spain spied on their own citizens. It's a fact (disclosed by Snowden) that GCHQ worked with Sweden, France, Spain, and Germany on mass surveillance.

      Governments are supposed to be accountable to the people. A government that's spying on its own citizens or has been willing to do so is not accountable and cannot be trusted. It's easier to spy on citizens of other countries rather than citizens of your own, because governments have no accountability to foreign citizens. It sure seems like an inappropriate level of trust of EU governments when, in fact, some of them have been spying on their own citizens and have aided the US in spying on foreign citizens. Maybe some time and new leadership can earn that trust back, but I don't think the level of trust placed in EU governments is currently warranted.

    5. Re:EU has to stand up for itself by fazig · · Score: 1

      It would be only prudent to assume that those nations in question at least tried to spy on their supposed friends.
      Yes, governments are spying on their own people, which is against the constitutional rights of most of those countries. But the fact that there's already this kind of injustice, does in no way justify even more injustice.

    6. Re:EU has to stand up for itself by Anonymous Coward · · Score: 0

      Same AC here. You're right, injustice doesn't justify more injustice. I think it's illogical to distrust one government guilty of spying while trusting another. Any government that's spying on its citizens shouldn't be trusted. On the American side, there are a few things I think need to happen:

      1) Outlaw and defund mass surveillance
      2) Impeach President Obama and those elsewhere in the executive branch complicit in the spying
      3) Impeach the judges on the FISA court who authorized this spying
      4) Eliminate national security letters
      5) Add new judges to the FISA court and dramatically expand it to allow for careful review of all requests
      6) Vote out anyone from Congress who approved spying programs, especially those who approved of it in recent years as spying increased
      7) Ratify an amendment to the Constitution that outlaws mass surveillance, watch lists, and other abuses, to strengthen the fourth, fifth, and sixth amendments

      I'm less familiar with European governments and the workings of the EU, so I don't know how such reforms would need to be implemented. That said, the seven steps I listed above are pretty much what it would take to get me, as an American, to trust the US government again. None of the countries involved are trustworthy.

      I've discussed this issue before in other stories on Slashdot and it seems like the US government isn't trusted at all while a lot of people are willing to trust EU governments. On a prior story, it was suggested that companies like Facebook would have to process data in the EU rather than in the US. This bugs me because the EU doesn't seem trustworthy, either. As an American, it comes across as a way to take IT jobs from the US because I don't think it solves the problem of mass surveillance. If data were being processed in a jurisdiction beyond the reach of any of these governments, it would make sense and come across in a much better way. Of course, the real solution is that all of the countries involved need to demand reforms to stop the spying and ensure it never happens again.

  3. More "can't sue corporations", because money. by Anonymous Coward · · Score: 1

    Ombudsmen, dispute resolution policies, mandatory arbitration. Fuck this. If corporations want to be people, then I want to be able to sue them for breaking the law and violating my rights. If foreign governments spy on me, I want to be able to get a restraining order on them.

    1. Re:More "can't sue corporations", because money. by Noah+Haders · · Score: 1

      I wonder what an ombudsman really is. like really. is it a particular person, does it always have to be a man? even the word, where does it come from? ombudsman. it just kind of falls our of your mouth like steve urkel. did I do that? try saying it or typing it three times fast!

    2. Re:More "can't sue corporations", because money. by Teun · · Score: 2

      Ever heard of Google search? This is where it might lead you:
      https://en.wikipedia.org/wiki/...

      Anyhow, the office of the modern Ombudsman was around 1241 invented in Sweden and because it was successful other countries followed suit. The Ombudsman is an impartial officer or public advocate that will investigate complaints.

      They usually have a mandate for a particular field of expertise, in this case privacy infractions on EU civilians, and the mandate will also specify how serious their ruling is going to be.
      Usually he will attempt to resolve the conflict by mediation, some can give binding instructions.

      --
      "The likes of Facebook and WhatsApp are free to those whose privacy is of zero value."
    3. Re:More "can't sue corporations", because money. by Anonymous Coward · · Score: 0

      The Ombudsman is an impartial officer

      So it's something like a unicorn, or a centaur? A mythical creature?

    4. Re:More "can't sue corporations", because money. by Teun · · Score: 2

      You are right, when writing my (premature) reply I was under the false impression this proposal was for a European ombudsman but it turns out there is a suggestion for a US ombudsman.

      Which on this subject is just laughable.

      --
      "The likes of Facebook and WhatsApp are free to those whose privacy is of zero value."
    5. Re:More "can't sue corporations", because money. by PPH · · Score: 1

      I wonder what an ombudsman really is.

      Here is a picture of ours.

      --
      Have gnu, will travel.
  4. Office comes equipped... by wbr1 · · Score: 4, Funny

    ...with one large circular file.

    --
    Silence is a state of mime.
    1. Re:Office comes equipped... by Anonymous Coward · · Score: 0

      U.S. Three Letter Agencies to Ombudsman: Your objection is noted. And rejected!

  5. Bullshit ... by gstoddart · · Score: 0

    TFA is pretty thin on details ... as in it doesn't have any.

    So, what, an American agency is suggesting there's an American to poo-poo privacy concerns and rubber stamp everything as OK?

    Sorry, how the data sharing agreement stays null and void, and the US stops acting like they have some right to this information, and that if they want it they do it with the right paperwork and in accordance with the law?

    This is just a proposal to have some idiot flunky say "trust us, it's fine". Yeah, sorry, let the rest of the world control this ... letting Americans appoint an ombudsman to tell us how nice they're playing about surveillance?

    Nobody believes that shit.

    --
    Lost at C:>. Found at C.
    1. Re:Bullshit ... by Teun · · Score: 1

      What stands out is that it would be a EU office, following EU laws, so I don't know why you refer to American agencies or laws.

      --
      "The likes of Facebook and WhatsApp are free to those whose privacy is of zero value."
    2. Re:Bullshit ... by gstoddart · · Score: 4, Insightful

      Then read the damned article:

      the latest proposal to be floated by the US is the creation of a privacy ombudsman. The independent overseeing body would be charged with not only checking that data transfers between countries were carried out correctly, but also will be handing complaints from Europe.

      No, sorry, this is Americans suggesting they put up their own privacy ombudsman to oversee how America does at violating EU privacy laws.

      So, I'll tell you what, let the Americans make a request to EU agencies who are already under this jurisdiction, instead of creating some bullshit fantasy where an American agency is trusted to do it.

      What, you think Americans would accept a fucking Chinese ombudsman overseeing snooping into American citizens?

      America does not have the credibility for this. This is the fucking fox guarding the hen house. Because if it is in any way under the sway of the US government, they'll just invoke secret security laws and make them lie about it.

      Bullshit, this is just a dodge to get around oversight and following the laws. Handling complaints from Europe when the ruling will be that you've complied with the law even if it's a lie?

      Yeah, right, tell me another one Pinocchio.

      Wah wah wah .... stop pretending like the rest of the world needs to be acceding to US snooping like it's your right. Nobody else believes that shit but you.

      --
      Lost at C:>. Found at C.
    3. Re:Bullshit ... by Teun · · Score: 1
      I have to humbly excuse myself for not reading the article correctly.
      Thanks for pointing it out!
      BR>

      the latest proposal to be floated by the US is the creation of a privacy ombudsman. The independent overseeing body would be charged with not only checking that data transfers between countries were carried out correctly, but also will be handing complaints from Europe.

      This is indeed a wholly different issue and I agree with those that are sceptical, modern US law (not just privacy!) is way to fragile to make for an independent ombudsman, I hope the EU politicians will simply carry this idea to it's grave.

      --
      "The likes of Facebook and WhatsApp are free to those whose privacy is of zero value."
    4. Re:Bullshit ... by Anonymous Coward · · Score: 0

      Handling complaints from overseas is what the State Department is for: diplomats exist to give and receive démarches, so the rest of us don't have to listen to the bullshit. European complaints to the US about spying are just as much bullshit as US complaints about French industrial espionage. All governments spy on each other to the extent that they are able, and those who are less able lodge complaints that are ignored. Thus hath it always been; thus shall it always be.

      The difference here is that the State Department realizes that its ambassadors in Europe have no clue about technology and so cannot properly respond to bullshit relating to data privacy. Thus a special office of SIGINT bullshit has been created to field the new genre of démarche.

    5. Re:Bullshit ... by Anonymous Coward · · Score: 0

      This isn't about spying between governments. This is an American effort to limit the damage to the IT industry in America, which had been afforded undeserved trust under a treaty that was specifically created to allow European businesses to have US businesses handle European data, if and only if they treat it according to the privacy laws by which the EU businesses would have to abide if they handled the data themselves. We're not talking about a complaint or a stern letter. That's what the US wants to have: An impotent office which only exists to maintain the appearance of accountability. But right now, the EU is actually in a position to say no, mean no, and enforce no. If someone insulted me with a bullshit proposal like "a US privacy ombudsman", I'd tell them to go fuck themselves and end the negotiations. Try your anchoring strategy on someone else.

    6. Re:Bullshit ... by Anonymous Coward · · Score: 0

      Yet you're willing to place trust in European governments? That's an epic level of stupid. Germany, France, Spain, and Sweden worked with GCHQ on mass surveillance. Germany helped the US spy on the EU. Sweden helped the US spy on Russia. You rightly don't trust the US government, but you seem happy to trust other governments that haven't shown they will do the right thing. If EU governments hadn't broken that trust in the past, your ideas might make sense. When you complain about one untrustworthy entity (the US government) but indicate willingness to trust another that's undeserving (some of the EU governments), this comes across as a diplomatic pissing contest. The idea of forcing multinational companies to process data in the EU instead of the US is coming across as an attempt to take jobs out of the US and bring them to the EU. The only right thing here (and the only way to come across as sincere) is for people of all countries involved to demand that their governments stop mass surveillance now and the leaders responsible for it are removed from office. As an American, I'll start. President Obama should be impeached for the mass surveillance he authorized. The judges in the FISA court should also be impeached. The NSA leadership should be in prison. Those in Congress who enabled the mass surveillance should lose their jobs. Somehow I don't think you'll say similar things about EU governments that were all too happy to engage in spying.

    7. Re:Bullshit ... by Anonymous Coward · · Score: 0

      Do you really not see how ridiculous the whole idea of an "ombudsman" to "oversee" that surveillance data is handled "correctly" is?

      Look, governments will be continuing to monitor everything they can because it's a way to cement their power over us. It's that simple. This ombudsman nonsense is just another distraction they came up with to make you feel less alarmed by tyranny creeping up all around the world.

      Oh, and somewhere in some Den of Bureaucrats there's a group of people that belong to "an independent overseeing body" that.. has exactly what control over what the NSA or their European counterparts are doing?

      They really care about us little folks, right? So they'll have meetings and produce some sternly worded memos about how surveillance is bad if done "incorrectly", and that's supposed to prevent the world becoming one big Soviet Union or something?

  6. stupid English language by Anonymous Coward · · Score: 0

    Handle or solve? Because those two are radically different concepts.

  7. Re:"level of surveillance that is deemed acceptabl by frovingslosh · · Score: 2, Informative

    A level of surveillance that is deemed acceptable in the US, for instance, may be considered completely objectionable in another.

    I think what they mean to say is that in some European countries and the EU itself, people still have rights guaranteed by a constitution and and the countries are not ruled by a bunch of thugs who consider it a minor inconvenience that can and should be ignored. The text should have read " .... deem acceptable by the thugs who rule us .... ".

    --
    I'm an American. I love this country and the freedoms that we used to have.
  8. The California Franchise Tax Board has Ombudsmen by tlambert · · Score: 1, Informative

    The California Franchise Tax Board has Ombudsmen.

    Being paid by the state, you can guess their answer when you raise a grievance against the state...

  9. Fine, by Anonymous Coward · · Score: 0

    but this perhaps noble effort should not in any way dilute the efforts to have a public representative in the Fisa court process.

  10. It is a culture difference.. by Danielsen · · Score: 1

    Europeans generally have a higher trust in their own government, than a private cooperation.
    We especially do not trust large foreign corporations.
    I don't mind paying a little extra for my goods in the short run, if this can prevent large corporations gaining too much power in the long run. (Yes, this might hamper 'competition' for them)
    As long as it is a level playing field, European rules in Europe, and US rules in the US.
    How would the Americans react if most of their data was spied upon (E-Mail, credit card transactions, corporate trade secrets) by foreign private cooperationâ(TM)s and government agencies in e.g. China/Russia/Europe.

    1. Re:It is a culture difference.. by currently_awake · · Score: 4, Insightful

      I think the large "American" multi-national corporations should be considered "Foreign Corporations", as they clearly don't care about the USA.

    2. Re:It is a culture difference.. by Teun · · Score: 4, Informative

      An example that brings out the difference in democracy between say The Netherlands and the US is the amount of money spend during elections.

      The combined budgets of the various Dutch political parties for national elections will probably be around ten million euro's, that's divided over 20 different groups and 150 seats on a population of 17 million.
      For the US population equivalent it would be less than 500 million. This is one reason we can still trust politics, it's near impossible to buy yourself a seat.

      And then there is the fact that many EU countries will never have a single party government, it's typically a coalition of different parties.

      --
      "The likes of Facebook and WhatsApp are free to those whose privacy is of zero value."
    3. Re:It is a culture difference.. by Attila+Dimedici · · Score: 1

      The interesting thing about that is that despite the common wisdom being that elections can be bought in the U.S., it does not actually work out that way. For example, this election cycle Jeb Bush out raised all of his opponents combined. Yet, somehow he is turning out to be an also-ran in the actual elections.
      Similar things happened in our last election cycle. Eric Cantor, who was one of the most powerful men in Congress, outspent his primary opponent on the order of 10:1, yet lost decisively.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    4. Re:It is a culture difference.. by Anonymous Coward · · Score: 0

      > The interesting thing about that is that despite the common wisdom being that elections can be bought in the U.S., it does not actually work out that way. For example, this election cycle Jeb Bush out raised all of his opponents combined. Yet, somehow he is turning out to be an also-ran in the actual elections.

      It's not "elections" that are bought - it's politicians personally, and that works just fine. Jeb sure was bought, but so are all the others (or will be), because that's a large part of why they go into politics to begin with. They want bribes, because that's shitloads more money than their salaries.

      Politicians are psychopaths and go in there to gain power and wealth at everyone else's expense. Yes, that includes your beloved Sanders too.

    5. Re:It is a culture difference.. by ixuzus · · Score: 1

      Yes, but are these results typical or outliers?

    6. Re:It is a culture difference.. by Attila+Dimedici · · Score: 1
      They are neither typical nor outliers. They indicate that the "received wisdom" is wrong. There are two facts which interact to create the result which the received wisdom interprets as buying elections.
      • Those who donate to campaigns are more likely to give, and give more, to someone they perceive as likely to win.
      • People tend to vote based on name recognition. Those who spend more on advertising are more likely to be "name recognized" by voters who are barely paying attention.

      The second sounds like buying the election, but it only works when the voters don't care who holds the office.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
  11. Just Prosecute to the full extent of the law. by Anonymous Coward · · Score: 0

    And if that doesn't work start extrajudicial rendition following US foreign policy, you could release offenders on a rural road somewhere in mexico.

  12. Naive Security theathre - nothing else by Anonymous Coward · · Score: 0

    The proposal is just another show for well known clowns we have seen already many times over.

    National security has been and will be the ultimate priority to any nation. No treaties and law will prevent agencies pursuit fulfilling their duty, they will find and create new loopholes which will allow them to continue whatever needed to get all the information they believe there is to be get.

    Such treaties and safeguards are waste of time and money.

  13. Amount of Surveillance Acceptable in the US by Anonymous Coward · · Score: 1

    The amount of surveillance that is considered acceptable in the US isn't even acceptable within the US to anyone except primarily the older generations who know nothing about it and are voting based on a position of ignorance and fear of what they don't know.

    We just have an issue of the older generation also being out biggest voters which is what is causing much of our problems as they are voting based on a rose tinted yesteryear that doesn't exist anymore and for many of them never existed to begin with outside of their own memory. We need to get younger voters who can actually stand up to them because, as it stands now, they are collectively selling out their children's and grandchildren's futures trying to make their retirements easier all while calling people who have it worse than they did lazy when the younger generations are working harder just to put a roof over their head than they did providing a life for their family. And they keep mistaking improvements created by technology for improvements at a societal level and telling them to do stuff that they did growing up which are no longer viable options anymore.

    And it is kinda sad watching people who could drop out of high school and still get a job that paid well enough to make a career out of and support a family telling college graduates how easy they have it and how lazy they are for working a job and still being too broke to support themselves and how if they don't like their job they can just go and get a new one all the while neglecting the world they grew up in is not the world he grew up in in those regards.

  14. Time to bring charges by Anonymous Coward · · Score: 4, Interesting

    The US government should not be allowed to behave like a rogue state. I'd like to see an EU agency handle complaints. I don't believe that self regulation can work, or any agency run by the US regime. Self regulation was tried with the financial sector, and breathtaking levels of criminality resulted. Illegally spying on the citizens of other countries should be dealt with in the countries against which the crimes occurred. Those who were responsible should be stripped of diplomatic immunity, declared persona non grata, have their assets frozen, and be subject to international arrest warrants. If the US refuses to deport them, there should be sanctions instituted against any companies with which they are involved. Since most US politicians are apparently taking 'contributions' [known as bribes in the rest of the world] from corporations, that would rapidly lead to some corporate pressure against this kind of criminality.

  15. The latest American proposal by Anonymous Coward · · Score: 0

    To which the Europeans Should just tell them to fuck off . After all they are there (supposedly) to represent our interests not America's!

  16. Re:"level of surveillance that is deemed acceptabl by davester666 · · Score: 1

    I am totally sure that the NSA will take whatever this privacy ombudsman says to heart, and make real changes to what they do. Facebook is sure to do this as well. As well as the zillion ad companies.

    --
    Sleep your way to a whiter smile...date a dentist!
  17. Really by Anonymous Coward · · Score: 0

    ... queries about US surveillance.

    Hahahahahaha Hahahahaha Hahahaha. The SJWs have a lot to say this week.

    The USA has never cared about the laws of another country. Many countries are helping the US conduct mass surveillance so the USA doesn't want anything to change. Most of all, the official power of an ombudsman (really an Internal Affairs cop) is to name and shame: That doesn't work when the government can bury any report it dislikes.

  18. Re:"level of surveillance that is deemed acceptabl by MobSwatter · · Score: 1

    This should appear as writing on the wall to the elite that NWO/One world gov't just ain't going to work out but they sure as hell are going to screw a lot of things up trying aren't they? To the masses this appears as inbreeding...

  19. Re:"level of surveillance that is deemed acceptabl by Anonymous Coward · · Score: 0

    The user you requested does not exist, no matter how much you wish this might be the case.