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[liberationtech] EU legal precedent could stymie NSA partnerships

Griffin Boyce griffin at cryptolab.net
Thu Jan 8 18:52:13 PST 2015


Last April, Europarl found that the EU data retention directive violated 
human rights.  This you already know.  But the EU ordered a legal 
analysis of the ruling's after-effects as they relate to various forms 
of intelligence-gathering and surveillance (such as sharing financial 
data and passenger manifests).

Given the NSA's policies on data retention [1], partnership with any of 
the Five Eyes countries would seem to be off the table entirely.  Except 
it's not, of course.  Surveillance is ongoing, despite all of the laws 
that get broken in the process.  But an initial reading of the legal 
opinion would seem to indicate that there's a real pathway to getting 
legal remedy.

I'm curious what people think about this.  Is it just wishful thinking?  
Could there be real legal opposition to surveillance in the EU?

Article: 
https://www.districtsentinel.com/landmark-court-decision-could-hinder-n-s-a-dragnet-says-e-u-legal-team/

Analysis: 
https://www.accessnow.org/blog/2015/01/07/leaked-european-parliament-long-awaited-legal-study-on-data-retention

Legal opinion (leaked): 
https://www.accessnow.org/page/-/eu_data_retention.pdf

all my best,
Griffin

[1] Shorter NSA: "Retain ALL THE DATA! FOREVER!"

-- 
"Cypherpunks write code, not flamewars."
~Jurre van Bergen



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