Tag Archives: privacy

Germany

Much Ado about Nothing? The non-politics of privacy in Germany

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allyourdataisbelongtous

Guest post by Mark Dawson and Jacob Krumrey

With German chancellors Angela Merkel’s personal approval rating at 62% and her CDU/CSU leading over the opposition SPD by around 15%, the result of Germany’s upcoming general election seems to be all but a foregone conclusion.  In the midst of a flaccid campaign, the U.S. National Security Agency whistleblower Edward Snowden has now not only revealed that Germany is one of the principal targets of the NSA’s internet surveillance operations (‘Prism’) but also accused the German intelligence services, the Bundesnachrichtendienst (BND), of collusion with the NSA – of being ‘in bed’ together.  These revelations could potentially stir up an otherwise all too quiet campaign.Germany Flag Icon

The opposition SPD (Sozialdemokratische Partei Deutschlands, Social Democratic Party) are sensing an opportunity to attack Merkel’s integrity and competence, her main assets in the campaign.  In a thundering editorial in Germany’s leading tabloid newspaper, Bild, last week, their parliamentary leader, Frank-Walter Steinmeier, demanded answers on the steps Merkel had taken to protect German interests.  The chancellor now seems to be facing a dilemma: either she was aware of the extent of data-sharing between the NSA and BND, and therefore lays accused of obfuscation, or was not aware at all – and therefore less competent than her public image suggests.  At the very least, the opposition hope to cast Merkel as an unprincipled populist: cozying up to the United States when spying on internet users in Germany and sharing intelligence beneficial to German security, while chastising the very same practice when it is found to be in breach of civil rights.

Merkel’s CDU (Christlich Demokratische Union Deutschlands, Christian Democratic Party) / CSU (Christlich-Soziale Union in Bayern, the Bavarian Christian Social Union) government, meanwhile, are trying to counter the allegations by adopting an assertive posture: Interior Minister Friedrich has travelled to Washington, D.C., to demand answers from the US government.  Merkel herself, in a packed press conference on Friday, insisted that, in Germany, German law has to apply unconditionally.  At the same time, however, Merkel was forced into delaying tactics.  The German weekly Der Spiegel had just published fresh allegations about the extent of collusion between German and American authorities: she would answer questions but only after having received further information from the Americans.

It is too early to gauge definitively the impact of these allegations on the election campaign.  So far, however, the SPD have not been able to turn the tide in their favour. The latest ZDF opinion polls show that even though the CDU/CSU have suffered small losses, the SPD remain at a dismal 29%.   Only the FDP, traditionally strong on civil rights, have gained: perhaps even enough to clear the five-per cent threshold necessary to allow them to stay in parliament. Ironically, the ‘spy scandal’ – through a reinvigorated FDP – could re-open the prospect of the current CDU/FDP coalition staying in power.

What could explain this paradox?  To begin with, the SPD face a credibility problem of their own.  As the government have been quick to point out, cooperation between U.S. and German authorities on intelligence is long-standing.  Steinmeier himself was responsible for Germany’s intelligence services during the previous ‘grand coalition’ government, during which many of the programmes now being investigated were launched.  When it comes to privacy, moreover, German votes usually credit niche parties such as Die Grünen (The Greens) or the libertarian FDP (Freie Demokratische Partei, Free Democratic Party).  More important perhaps, German voters show little appetite for a polarized campaign in the first place.  Asked in a recent ZDF poll about their desired coalition, a majority of Germans said they would like to see a grand coalition of the two main contenders.

Beyond campaign politics, the larger question is about the attitude of Germans towards privacy – supposedly the source of a transatlantic conflict of values. The same ZDF poll suggested that a vast majority of Germans find the charges of collusion credible: 79% believe that Merkel’s government were aware of the NSA’s activities in Germany.  At the same time, in a different poll, only 5% argued that the issue would have a significant impact on their voting intentions. The party with the strongest stance on data protection, Die Piraten (the Pirate Party), has struggled to even register in current polling in spite of the prominence of privacy on the campaign trail. The lesson may well be that German voters care about privacy in theory but are, in practice, unwilling to make it a make-or-break issue.

Mark Dawson is a professor of European law and governance at the Hertie School of Governance in Berlin and Jacob Krumrey is a graduate of the European University Institute. 

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A version of this piece was published at the Hertie School’s blog on Germany’s upcoming September 22 elections.

Read more of Suffragio‘s coverage on Germany here.

European Union, United States

Spying on the Europeans — PRISM repercussions as Obama heads to Europe

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stasi 2.0

Michael J. Geary and I argue in The National Interest this morning that the repercussions of reports of the PRISM program within the U.S. National Security Agency mean that U.S. president Barack Obama will face tough questions when he goes to Europe for the G8 summit in Northern Ireland and additional meetings in Berlin. USflagEuropean_Union

At a time when Europeans are already concerned about the extent of their own governments’ intrusion into their private online lives, the revelations of the voluntary cooperation of service providers like Facebook and the like in allowing U.S. surveillance of foreign communications are already being met with skepticism from top U.S. allies at a crucial and ambitious time for the Obama administration’s European agenda:

The timing of the scandal could not have come at a worse time in EU-United States relations, with both sides set to embark on negotiations for what would be a landmark free-trade compact, the Transatlantic Trade and Investment Partnership (TTIP).

Above all, German chancellor Angela Merkel is expected to seek assurances from Obama in their one-on-one meetings in Berlin.  But with Germany having this week agreed to TTIP negotiations (leaving France as the remaining obstacle), and with the eurozone crisis still not fully over, certainly the Obama-Merkel meeting should have more important business than PRISM.

Ironically, the NSA gathered more pieces of intelligence within Germany during the month of March than any other EU country.  A spokesman for Merkel, the first chancellor from the former East Germany, where memories of Stasi surveillance are still fresh, said she would raise the issue with Obama. Her justice minister Sabine Leutheusser-Schnarrenberger stressed, “the suspicion of excessive surveillance of communication is so alarming that it cannot be ignored. For that reason, openness and clarification by the US administration itself is paramount at this point. All facts must be put on the table.”

Ultimately, the Obama administration and the NSA will be less vulnerable to the wrath of European regulators than the companies participating in PRISM themselves.

But Microsoft, Google and other service providers, including Facebook, YouTube, Apple and AOL, could face even more blowback than the U.S. government or the Obama administration. Their apparently voluntary participation in U.S. government’s PRISM program could open them to European lawsuits or otherwise subject them to additional regulatory scrutiny. Significant elements of their businesses are already subject to restrictions within Europe—Google faces strict restrictions on its StreetView program and Facebook’s facial-recognition capability is banned altogether. As PRISM continues to dominate world headlines, Facebook on Wednesday opened its first servers outside of the United States in northern Sweden—its presence there, which like much of Scandinavia is a bastion of government transparency and personal freedom, will come increasingly under the thumb of EU regulators.

I argued yesterday that Sweden is unlikely to come to the rescue anytime soon with respect to Facebook and PRISM.  More likely is that the European Parliament will work to pass the new data protection directive that it’s been considering for the past two years and that would place additional restrictions on the processing of personal data, though time is quickly running short with European elections set for May 2014.

Photo above is a popular graffiti slogan in Germany, showing former interior minister (and now finance minister) Wolfgang Schäuble — critics claimed Schäuble’s focus on counterterrorism measures approached levels of civil liberties intrusion similar to the East German secret police and intelligence force, the Stasi.

European Union, Sweden, United States

Can Sweden save the European Union from the NSA spooks?

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facebook goes arctic

Even as the media continues to debate leaks revealing the secret surveillance program of the U.S. National Security Agency, code-named ‘PRISM,’ one of the chief private-sector actors in the PRISM scandal opened its first non-U.S. site on Wednesday, giving one European nation a key jurisdictional hook to regulate future data privacy.USflagEuropean_UnionSweden

According to news reports from The Guardian, Facebook, has been cooperating voluntarily with the NSA’s PRISM program since summer 2009, thereby exposing the private data of both U.S. and non-U.S. citizens alike to the purview of the NSA under the authority of the U.S. PATRIOT Act passed in the aftermath of the 2001 al Qaeda terrorist attacks on New York and Washington.

But Facebook also opened a new facility to host its servers in far northern Sweden on Wednesday (in part to use the chilly Arctic weather to more efficiently cool its European servers).  Despite the awkward timing, it is Facebook’s first server hall outside of the United States, and its opening comes when European Union leaders are pushing for answers on the extent to which NSA has been permitted access to private, personal data by Facebook, Google, YouTube, Apple, AOL and other service providers and while the European Parliament is considering a new data protection directive that would enhance protection of the personal data of EU citizens.  Assuming that the European Union cannot stop U.S. government agencies, it means that European regulators could target U.S. technology companies in greater measure — after all, the EU already places restrictions on Google’s StreetView program and has already banned the European use of Facebook’s face recognition software.

So does that give Sweden a unique opportunity to ensure that the private data of EU citizens is not caught up in the NSA snare?

After all, Sweden is virtually synonymous with good government, right?

According to Transparency International, it’s among the least corrupt countries is the world.  In the middle of the 18th century, Sweden essentially invented the concept of freedom of information with the Freedom of the Press Act of 1766, and its leaders over the past two decades championed a EU-wide freedom of information regime.

But a reputation for transparency doesn’t necessarily connote a reputation for protecting privacy.  Wikileaks founder Julian Assange was so worried that Swedish authorities would extradite him to the United States that he chose to hunker down in Ecuador’s London embassy instead of allowing British authorities to transfer him to Sweden for a trial on a sexual harassment charge.  Swedes have also raised concerns with EU policymakers that the push for more robust data protection could actually harm government transparency by limiting the Swedish government’s ability to provide open access to documents.

Moreover, the current center-right coalition headed by prime minister Fredrik Reinfeldt of the Moderata samlingspartiet (Moderate Party) has introduced greater levels of Swedish surveillance.  In 2009, it narrowly passed legislation that would allow the government’s Försvarets radioanstalt (the National Defence Radio Establishment) to wiretap and access all international telephone and internet traffic, even if all  ultimate parties in the traffic are Swedish.  Though the legislation, know as the ‘FRA law’ passed only narrowly by Sweden’s parliament, the law had its genesis in the prior center-left government of the Sveriges socialdemokratiska arbetareparti (Swedish Social Democratic Workers Party).  It essentially codified into Swedish national law much of what PRISM has been purported to do within the United States.

The law caused some amount of concern, especially in neighboring Finland because all of its Internet and phone traffic at the time routed through Sweden.

Sweden’s foreign minister Karl Bildt earlier this week protested that Swedish activities under the FRA law are not similar to what’s been reported PRISM, in part on the basis that the FRA law was debated publicly and enacted by a duly elected parliament.  In that regard, Bildt’s right — it was clear just what was at stake when the Swedish parliament adopted the FRA law; in contrast, Facebook wasn’t even developed until three years after the U.S. PATRIOT Act.  In addition, Bildt expressed a healthy hint of suspicion about other ‘certain states,’ presumably including the United States:

 

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