Comments on: The NSA Phone Call Database: The European Perspective http://www.concurringopinions.com/archives/2006/05/the_nsa_phone_c.html The Law, the Universe, and Everything Sun, 22 Nov 2009 04:22:46 -0700 http://wordpress.org/?v=2.8.3 hourly 1 By: Tools and Accessories http://www.concurringopinions.com/archives/2006/05/the_nsa_phone_c.html/comment-page-1#comment-58683 Tools and Accessories Fri, 28 Mar 2008 00:46:44 +0000 http://www.solove.org/archives/2006/05/the-nsa-phone-call-database-the-european-perspective.html#comment-58683 Tools and Accessories Tools and Accessories

]]> By: Skin Care http://www.concurringopinions.com/archives/2006/05/the_nsa_phone_c.html/comment-page-1#comment-58682 Skin Care Fri, 28 Mar 2008 00:45:08 +0000 http://www.solove.org/archives/2006/05/the-nsa-phone-call-database-the-european-perspective.html#comment-58682 Skin Care Skin Care

]]> By: Shaving and Hair Removal http://www.concurringopinions.com/archives/2006/05/the_nsa_phone_c.html/comment-page-1#comment-58681 Shaving and Hair Removal Fri, 28 Mar 2008 00:43:23 +0000 http://www.solove.org/archives/2006/05/the-nsa-phone-call-database-the-european-perspective.html#comment-58681 Shaving and Hair Removal Shaving and Hair Removal

]]> By: Men's Grooming http://www.concurringopinions.com/archives/2006/05/the_nsa_phone_c.html/comment-page-1#comment-58680 Men's Grooming Fri, 28 Mar 2008 00:42:07 +0000 http://www.solove.org/archives/2006/05/the-nsa-phone-call-database-the-european-perspective.html#comment-58680 Men's Grooming Men’s Grooming

]]> By: Makeup http://www.concurringopinions.com/archives/2006/05/the_nsa_phone_c.html/comment-page-1#comment-58679 Makeup Fri, 28 Mar 2008 00:40:23 +0000 http://www.solove.org/archives/2006/05/the-nsa-phone-call-database-the-european-perspective.html#comment-58679 Makeup Makeup

]]> By: Hair Care http://www.concurringopinions.com/archives/2006/05/the_nsa_phone_c.html/comment-page-1#comment-58678 Hair Care Fri, 28 Mar 2008 00:38:40 +0000 http://www.solove.org/archives/2006/05/the-nsa-phone-call-database-the-european-perspective.html#comment-58678 Hair Care Hair Care

]]> By: Gift Sets http://www.concurringopinions.com/archives/2006/05/the_nsa_phone_c.html/comment-page-1#comment-58677 Gift Sets Fri, 28 Mar 2008 00:36:00 +0000 http://www.solove.org/archives/2006/05/the-nsa-phone-call-database-the-european-perspective.html#comment-58677 Gift Sets Gift Sets

]]> By: Fragrance http://www.concurringopinions.com/archives/2006/05/the_nsa_phone_c.html/comment-page-1#comment-58676 Fragrance Fri, 28 Mar 2008 00:34:18 +0000 http://www.solove.org/archives/2006/05/the-nsa-phone-call-database-the-european-perspective.html#comment-58676 Fragrance Fragrance

]]> By: Bath and Shower http://www.concurringopinions.com/archives/2006/05/the_nsa_phone_c.html/comment-page-1#comment-58675 Bath and Shower Fri, 28 Mar 2008 00:32:59 +0000 http://www.solove.org/archives/2006/05/the-nsa-phone-call-database-the-european-perspective.html#comment-58675 Bath and Shower Bath and Shower

]]> By: Beauty http://www.concurringopinions.com/archives/2006/05/the_nsa_phone_c.html/comment-page-1#comment-58674 Beauty Fri, 28 Mar 2008 00:28:33 +0000 http://www.solove.org/archives/2006/05/the-nsa-phone-call-database-the-european-perspective.html#comment-58674 <a>Bath and Shower</a> <a>Fragrance</a> <a>Gift Sets</a> <a>Hair Care</a> <a>Makeup</a> <a>Men's Grooming</a> <a>Shaving and Hair Removal</a> <a>Skin Care</a> <a>Tools and Accessories</a> Bath and Shower

Fragrance

Gift Sets

Hair Care

Makeup

Men’s Grooming

Shaving and Hair Removal

Skin Care

Tools and Accessories

]]> By: Bill http://www.concurringopinions.com/archives/2006/05/the_nsa_phone_c.html/comment-page-1#comment-58673 Bill Thu, 31 May 2007 22:04:08 +0000 http://www.solove.org/archives/2006/05/the-nsa-phone-call-database-the-european-perspective.html#comment-58673 MSN I NIIPET <a href="http://msn.com" rel="nofollow">MSN</a> MSN I NIIPET

MSN

]]> By: Thomas http://www.concurringopinions.com/archives/2006/05/the_nsa_phone_c.html/comment-page-1#comment-58672 Thomas Mon, 20 Nov 2006 16:18:07 +0000 http://www.solove.org/archives/2006/05/the-nsa-phone-call-database-the-european-perspective.html#comment-58672 WASHINGTON - Following a report that the U.S. agency in charge of a domestic spying program is building a database of every phone call made in the country, President Bush on Thursday told the nation from the White House that all anti-terrorism efforts are within the law. Facing new concerns in Congress, President Bush referred to the report but did not confirm or deny it and instead sought to assure Americans that their privacy is being “fiercely protected.” “We are not mining or trolling through the personal lives of innocent Americans,” Bush said before leaving for a commencement address at Mississippi Gulf Coast Community College in Biloxi. “Our efforts are focused on links to al-Qaida and their known affiliates." WASHINGTON – Following a report that the U.S. agency in charge of a domestic spying program is building a database of every phone call made in the country, President Bush on Thursday told the nation from the White House that all anti-terrorism efforts are within the law.

Facing new concerns in Congress, President Bush referred to the report but did not confirm or deny it and instead sought to assure Americans that their privacy is being “fiercely protected.”

“We are not mining or trolling through the personal lives of innocent Americans,” Bush said before leaving for a commencement address at Mississippi Gulf Coast Community College in Biloxi. “Our efforts are focused on links to al-Qaida and their known affiliates.”

]]> By: Jojo http://www.concurringopinions.com/archives/2006/05/the_nsa_phone_c.html/comment-page-1#comment-58671 Jojo Mon, 13 Nov 2006 10:11:50 +0000 http://www.solove.org/archives/2006/05/the-nsa-phone-call-database-the-european-perspective.html#comment-58671 Don't worry about the lack of privacy, there is nothing you can do about it. aW5zdHJ1Y3Rpb246a2lsbCB0aGUgYnVzaA== Don’t worry about the lack of privacy, there is nothing you can do about it.

aW5zdHJ1Y3Rpb246a2lsbCB0aGUgYnVzaA==

]]> By: Tom Richards http://www.concurringopinions.com/archives/2006/05/the_nsa_phone_c.html/comment-page-1#comment-58670 Tom Richards Tue, 06 Jun 2006 14:46:27 +0000 http://www.solove.org/archives/2006/05/the-nsa-phone-call-database-the-european-perspective.html#comment-58670 On the subject of that Rolling Stone article, please note that it has been very critically discussed on Salon and Mother Jones, among many others. I was steamingly angry when I read it at first, but a lot of its claims don't stand up. The truth is bad enough, and there's no need for RFK Jr. to go around embroidering it or creating conspiracy theories that require all Republicans to be Machiavelli, and all Democrats to be stupid. http://www.salon.com/news/feature/2006/06/03/kennedy/index_np.html http://www.motherjones.com/arts/books/2005/11/recounting_ohio.html On the subject of that Rolling Stone article, please note that it has been very critically discussed on Salon and Mother Jones, among many others. I was steamingly angry when I read it at first, but a lot of its claims don’t stand up.

The truth is bad enough, and there’s no need for RFK Jr. to go around embroidering it or creating conspiracy theories that require all Republicans to be Machiavelli, and all Democrats to be stupid.

http://www.salon.com/news/feature/2006/06/03/kennedy/index_np.html

http://www.motherjones.com/arts/books/2005/11/recounting_ohio.html

]]> By: Thomas http://www.concurringopinions.com/archives/2006/05/the_nsa_phone_c.html/comment-page-1#comment-58669 Thomas Sat, 03 Jun 2006 01:27:02 +0000 http://www.solove.org/archives/2006/05/the-nsa-phone-call-database-the-european-perspective.html#comment-58669 Add to this the fact that the U.S. no longer has a functioning republic, but rather a Potemkin republic of the sort that was seen in the former Eastern Bloc, and you have more reasons for the divergence and for European non-cooperation with the U.S. in the future. http://www.rollingstone.com/news/story/10432334/was_the_2004_election_stolen Add to this the fact that the U.S. no longer has a functioning republic, but rather a Potemkin republic of the sort that was seen in the former Eastern Bloc, and you have more reasons for the divergence and for European non-cooperation with the U.S. in the future.

http://www.rollingstone.com/news/story/10432334/was_the_2004_election_stolen

]]> By: Swiss Connection http://www.concurringopinions.com/archives/2006/05/the_nsa_phone_c.html/comment-page-1#comment-58668 Swiss Connection Fri, 02 Jun 2006 17:43:05 +0000 http://www.solove.org/archives/2006/05/the-nsa-phone-call-database-the-european-perspective.html#comment-58668 Here the BBC Article the European Court of Justice Ruling pertaining to Airline passenger data: http://news.bbc.co.uk/2/hi/europe/5028918.stm Here the BBC Article the European Court of Justice Ruling pertaining to Airline passenger data:

http://news.bbc.co.uk/2/hi/europe/5028918.stm

]]> By: William McGeveran http://www.concurringopinions.com/archives/2006/05/the_nsa_phone_c.html/comment-page-1#comment-58667 William McGeveran Thu, 01 Jun 2006 23:34:41 +0000 http://www.solove.org/archives/2006/05/the-nsa-phone-call-database-the-european-perspective.html#comment-58667 This post was prescient, of course, because just a day or two later the European Court of Justice voided the arrangement under which airlines flying from Europe to the US shared passenger data with US counter-terrorism authorities. (Though the decision was not based on privacy law, it was privacy concerns that animated the dispute.) I have more in this blog post: http://blogs.law.harvard.edu/infolaw/ This disjuncture between European and American perspectives on privacy, coupled with increasing European suspicion of US counter-terrorism policy, is going to lead to further tension over data sharing. This post was prescient, of course, because just a day or two later the European Court of Justice voided the arrangement under which airlines flying from Europe to the US shared passenger data with US counter-terrorism authorities. (Though the decision was not based on privacy law, it was privacy concerns that animated the dispute.) I have more in this blog post: http://blogs.law.harvard.edu/infolaw/

This disjuncture between European and American perspectives on privacy, coupled with increasing European suspicion of US counter-terrorism policy, is going to lead to further tension over data sharing.

]]> By: Francesca http://www.concurringopinions.com/archives/2006/05/the_nsa_phone_c.html/comment-page-1#comment-58666 Francesca Thu, 01 Jun 2006 01:33:27 +0000 http://www.solove.org/archives/2006/05/the-nsa-phone-call-database-the-european-perspective.html#comment-58666 New and inherent sounds like an oxymoron, but think of all the President's powers under Art. II to direct the federal bureaucracy. Those powers were new in the 1930s (we didn't have much of a bureaucracy beforehand) even though they were based on the text of 1789. Why can't review by a separate, albeit elected, body be independent? If the Senate Intelligence committee had the powers of the G10 Committee, even though it is majority Republican, I'd still call it independent review. Good point on Echelon. The European Parliament has conducted a number of investigations into Echelon and has condemned it, but hasn't gotten very far. The UK has been held to be in breach of Art. 8, ECHR a number of times--maybe it will also be on Echelon, some time in the future. New and inherent sounds like an oxymoron, but think of all the President’s powers under Art. II to direct the federal bureaucracy. Those powers were new in the 1930s (we didn’t have much of a bureaucracy beforehand) even though they were based on the text of 1789.

Why can’t review by a separate, albeit elected, body be independent? If the Senate Intelligence committee had the powers of the G10 Committee, even though it is majority Republican, I’d still call it independent review.

Good point on Echelon. The European Parliament has conducted a number of investigations into Echelon and has condemned it, but hasn’t gotten very far. The UK has been held to be in breach of Art. 8, ECHR a number of times–maybe it will also be on Echelon, some time in the future.

]]> By: Maryland Conservatarian http://www.concurringopinions.com/archives/2006/05/the_nsa_phone_c.html/comment-page-1#comment-58665 Maryland Conservatarian Tue, 30 May 2006 21:04:39 +0000 http://www.solove.org/archives/2006/05/the-nsa-phone-call-database-the-european-perspective.html#comment-58665 Comments: "..the President’s new constitutional powers in fighting terrorism, post-September 11. Congress, the courts, and the public might very well accept that the NSA program is legal, based on the President’s inherent authority as commander-in-chief." New?? Deputy AG Jamie Gorelick: "The Department of Justice believes, and the case law supports, that the president has inherent authority to conduct warrantless physical searches for foreign intelligence purposes." ...when she writes "inherent", my first thought isn't "well, then it must be new". "But another independent, government body....a special, bi-partisan, parliamentary commission known as the G-10 Commission." actually, I think there is a special 9(?) member Parlimentary Committee that selects 4 people to make-up the Commission. The Parliamentary Committee has to represent the makeup of the Bundestag (which I think has at least 4 parties within). Not sure if the Commission itself has to be reflective of the parties...I wouldn't call such oversight "independent" since it clearly is subject to the whims of the prevailing political winds in place in the Bundestag (and of which there is no judicial review) Finally, how do you think the UK's purported participation in Echelon fit in with current EU sensibilities? Comments:

“..the President’s new constitutional powers in fighting terrorism, post-September 11. Congress, the courts, and the public might very well accept that the NSA program is legal, based on the President’s inherent authority as commander-in-chief.”

New??

Deputy AG Jamie Gorelick: “The Department of Justice believes, and the case law supports, that the president has inherent authority to conduct warrantless physical searches for foreign intelligence purposes.”

…when she writes “inherent”, my first thought isn’t “well, then it must be new”.

“But another independent, government body….a special, bi-partisan, parliamentary commission known as the G-10 Commission.”

actually, I think there is a special 9(?) member Parlimentary Committee that selects 4 people to make-up the Commission. The Parliamentary Committee has to represent the makeup of the Bundestag (which I think has at least 4 parties within). Not sure if the Commission itself has to be reflective of the parties…I wouldn’t call such oversight “independent” since it clearly is subject to the whims of the prevailing political winds in place in the Bundestag (and of which there is no judicial review)

Finally, how do you think the UK’s purported participation in Echelon fit in with current EU sensibilities?

]]> By: nick http://www.concurringopinions.com/archives/2006/05/the_nsa_phone_c.html/comment-page-1#comment-58664 nick Tue, 30 May 2006 03:30:25 +0000 http://www.solove.org/archives/2006/05/the-nsa-phone-call-database-the-european-perspective.html#comment-58664 Lovely first post for a guest blogger :) Lovely first post for a guest blogger :)

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