PRISM: America Peeps as Europe Sleeps (Frankfurter Rundschau, Germany)
"Measures at the E.U. level appear manifestly inadequate.
... In addition to violating basic law
and the constitutions of all other E.U. partners, PRISM and Tempora
also violate the European Convention for the Protection of Human Rights, in
which privacy protection is explicitly enshrined. ... At the level of
international law, it is time for a common European initiative. International
surveillance is obviously a problem that can only be confronted by global conventions."
A global survey on U.S. popularity by the Pew Research Center shows better results than one might have imagined, but the poll was taken before the NSA surveillance story broke in June.
PRISM is like
radioactivity: at first you don’t notice anything. This is no justification for
the inaction of the European Union.
For
about two months, we have discovered day-by-day, bit-by-bit, more about the
scope of U.S. and U.K. surveillance programs - and how they directly affect the
life of every citizen. The capacity for the unrestricted monitoring of communications
has effectively forced us to regress to face-to-face conversation and snail
mail.
For
our legal system, this is no less than a meltdown. PRISM
and Tempora
overturn two fundamental rights: the confidentiality of telecommunications and
the right to informational self-determination. Furthermore, since it is one of
the core principles of our Constitution that no citizen should be made into a
mere object of state activity, they at the very least infringe on human dignity.
Nevertheless, this is happening by virtue of the total storage and analysis of
our communications.
This
ruthless exploitation of our fundamental rights is unfortunately much like
radioactivity: at first one doesn't notice it. Thus it is no surprise that the
protest against PRISM and Tempora, although it is occurring,
is gradually diminishing.
Imposed digital
existence
Many
may not even be aware that mere abstinence from Facebook
and WhatsApp won’t solve the problem. Through no
fault of their own and even without an Internet connection, every person has
long been closely linked with the Internet. A digital existence is imposed on
us all.
Posted By Worldmeets.US
One
example is our daily use of mobile telephony and landline networks, that are
considered, for whatever reason, "secure." The vast majority of these
lines have long been Internet-based, and are therefore exposed to the gaze of
global surveillance. The same is true for data collection by the authorities
and, for example, for all client data stored by private businesses, doctors and
lawyers, and that they naturally exchange online.
None
of this can be avoided, even if we wanted to. Moreover, most people wouldn’t
want to return to the pre-digital era! ... Not in their private lives nor at
work. Consequently, not only in the sphere of constitutional law, but also in
terms of the practical consequences for each individual, spirited action has emerged.
But what can be
done?
First,
the European Union plays a key role. It can undoubtedly meet the U.S. on an
equal footing. In addition to violating basic law and the constitutions of all other
E.U. partners, PRISM and Tempora also violate the European
Convention for the Protection of Human Rights, in which privacy protection
is explicitly enshrined.
It
would be possible, at this point, for the E.U. to establish a formal committee
of inquiry. There is historical precedent for this. In the year 2000, the
European Parliament formed a committee of inquiry into the Echelon affair, which dealt
with the NSA's wiretapping practices back then. Its
final report the following year revealed the alarming extend to which U.S.
authorities were monitoring European communications.
Today,
the European Parliament has nevertheless bestirred itself to create a kind of
committee of inquiry, which is attached to the Committee
on Civil Liberties, Justice and Home Affairs. It seeks to clarify the
extent of PRISM and Tempora and give recommendations
on how to most-effectively protect the basic rights of E.U. citizens. Although
the official discourse is about a "special investigation," many in
the E.U. simply rank the surveillance scandal as an affair of bureaucratic process.
Other
measures at the E.U. level appear manifestly inadequate. Infringement
proceedings against Great Britain were in the wind, but this avenue has not
been aggressively pursued. The situation in regard to ongoing negotiations such
as the Free Trade Agreement with the U.S. is similar. Here as well, no additional
topics are to be thrown into the mix: after all, as things stand now, PRISM
does not stop at corporate
trade secrets. Further, the U.S. has yet to give any assurances that it
will not use the surveillance to its own advantage.
Unfortunately,
even scrutinizing banking and
Passenger Name Record
agreements with the U.S. do not appear to be under consideration. Every day, for
example, the E.U. countries willingly pass millions upon millions of records regarding
financial transactions in our bank accounts. Even the fact, not denied by the
U.S., that the NSA bugged E.U. buildings, appear not
to be grounds for deviating from "business as usual."
At
the level of international law, it is time for a common European initiative.
International surveillance is obviously a problem that can only be confronted with
global conventions. For ten years, the International
Criminal Court has taken up its work. This is an institution with which the
United Nations had long wrestled. For decades it was scarcely imaginable that
the international community would collaborate in such an institution.
Ultimately, against all odds, it succeeded, even though the U.S. still does not
recognize the Court.
This
may, although it need not, be a bad omen for similar initiatives. It is only
if our policy remains a passive one, or mere symbolic action is resorted to, that
room to maneuver will be fixed from the outset. That is something a
constitutional state like Germany simply cannot afford.
*Udo Vetter is a lawyer and writer on the 'Law Blog.' He is
running for the Pirate Party in Nordrhein-Westfalen in the general election.
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