Re: [DFRI-listan] EU draft report on US NSA surveillance programme

[Erik Josefsson <erik.hjalmar.josefsson@xxxxxxxxx>]

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On 01/08/2014 10:58 PM, James Losey wrote:
> The European Parliament Committee on Civil Liberties, Justice and Home
> Affairs has released a draft report on the US NSA surveillance
> programme, surveillance bodies in various Member States and their impact
> on EU citizens’ fundamental rights and on transatlantic cooperation in
> Justice and Home Affairs.
> 
> Hits a lot good points including how the US (and some EU member states)
> are undermining state sovereignty, human rights, and creating a regime
> that can be used for political and economic gain.
> 
> The reports questions the validity and legality of mass surveillance,
> notes that the US and EU surveillance oversight bodies lack democratic
> legitimacy as well as technical expertise.

We have an allegedly competent Swedish tech journalist who has no
problem with the above.

http://www.idg.se/2.1085/1.540970/att-avlyssna-eller-inte-avlyssna-det-ar-inte-ens-en-fraga/sida/2/alla-gor-det---men-usa-far-bara-hundhuvudet

I wonder how we can get Jörgen Städje on board?

Maybe by asking him how he knows that ”Svenska kryptobedrifter” is
serving us? (and not someone else not paying Swedish taxes)

I mean, how does he know that FRA is "go’ och rar"? Because that's the
problem the LIBE report describes above, isn't it?

That question is at the core of the Swedish best seller trilogy
Millenium. Which character in the book is arguing like Jörgen Städje?


> A couple quotes:
> 
>     "Notes that several governments claim that these mass surveillance
>     programmes are necessary to combat terrorism; wholeheartedly
>     supports the fight against terrorism, but strongly believes that it
>     can never in itself be a justification for untargeted, secret and
>     sometimes even illegal mass surveillance programmes; expresses
>     concerns, therefore, regarding the legality, necessity and
>     proportionality of these programmes;" (p16). [Additionally, the
>     report specifically calls out the detainment of David Miranda as a
>     limitation of freedom of expression - p. 26]
> 
>     "Considers that large-scale access by US intelligence agencies to EU
>     personal data  processed by Safe Harbour does not per se meet the
>     criteria for derogation under ‘national security'" (20)
> 
> 
> The report:
> 
>   * "Calls on the US authorities and the EU Member States to prohibit
>     blanket mass surveillance activities and bulk processing of personal
>     data" (19)
>   * Ensure that surveillance is in-line with European Human Rights
>   * Urges states to take court action against breaches of sovereignty
>     resulting from surveillance
>   * Calls on the US to revise legislation 
>   * On the Transatlantic Trade and Investment Partnership Agreement
>     emphasises that Parliament "only consent to the final TTIP agreement
>     provided the agreement fully respects fundamental rights recognised
>     by the EU Charter, and that the protection of the privacy of
>     individuals in relation to the processing and dissemination of
>     personal data must continue to be governed by Article XIV of the
>     GATS." (24)
> 
> I'm not sure what they mean by "suspend data flows" in this paragraph on
> p. 22. Doesn't anyone have any ideas? I feel this could be potentially
> concerning depending on what they mean:
> 
>     39. Calls on the Member States to prohibit or suspend data flows to
>     third countries based on the standard contractual clauses,
>     contractual clauses or BCRs authorised by the  national competent
>     authorities where it is established that the law to which the data
>      importer is subject imposes upon him requirements which go beyond
>     the restrictions  necessary in a democratic society and which are
>     likely to have a substantial adverse  effect on the guarantees
>     provided by the applicable data protection law and the  standard
>     contractual clauses, or because continuing transfer would create an
>     imminent risk of grave harm to the data subjects

I think this is about suspending the license to operate under Safe
Harbour, see e.g.

   http://europa.eu/rapid/press-release_IP-13-1166_en.htm

http://ec.europa.eu/justice/policies/privacy/thridcountries/adequacy-faq1_en.htm

> The report is here: 
> http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-%2f%2fEP%2f%2fNONSGML%2bCOMPARL%2bPE-526.085%2b02%2bDOC%2bPDF%2bV0%2f%2fEN

Thanks!

The deadline for tabling amendments to the LIBE report is not decided yet.

If we would have had AT4AM up an running, it would have been quite easy
to take a stab at fixing things :-)

Further, I think it could be meaningful to cross read the LIBE report
with the draft memo from IETF on Pervasive Surveillance:

   http://www.ietf.org/id/draft-barnes-pervasive-problem-00.txt

Could cross fertilize the debates and maybe provide amendment material.

//Erik
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