[governance] On the EU Court's Striking Down Safe Harbor

[Salanieta T. Tamanikaiwaimaro]

Thanks Seth - very interesting developments.

On Wed, Oct 14, 2015 at 10:12 PM, Seth Johnson <seth.p.johnson at gmail.com>
wrote:

> One more:
>
> This could frame an optimal approach to these concerns in the US,
> particularly if it's set up on the basis of the US Constitution's ban
> on unreasonable searches and seizures, and arranged the way the EU did
> it, establishing a review of whether arrangements with other countries
> preserve US citizens' fundamental rights. If the executive branch
> calls that an encroachment on its powers, the question of what we can
> do to secure the constitutional frame we the people set up for
> ourselves is still the debate we want to have -- not the bogus "hide
> what's really going on" debate we presently have on these issues. BTW:
> smart use of divided/dual sovereignty (again reflecting the way the
> framework in the EU is set up) might well in this case help to make
> this sort of thing work.
>
> Note well: this is not an international treaty on human rights that
> makes it work.  International treaties on rights serve some valid
> (aspirational) purposes, but they don't give you real fundamental
> rights.
>
> Safe Harbor Decision Could Spur Congressional Action On Privacy
> Rights, Data Safeguards:
> >
> http://www.ibtimes.com/safe-harbor-decision-could-spur-congressional-action-privacy-rights-data-safeguards-2131442
>
> "International privacy advocates are demanding U.S. lawmakers pass
> comprehensive reform that guarantees personal data stored in the
> country is protected with the same safeguards as data in Europe. "
>
> On Wed, Oct 14, 2015 at 6:07 AM, Seth Johnson <seth.p.johnson at gmail.com>
> wrote:
> > I call the confusion on this a "statutory bias" -- a tendency to think
> > you fix everything by passing a law or treaty. People don't understand
> > how popular sovereignty sets a foundation that makes modes of recourse
> > actually work. The EU based its fundamental rights charter on the
> > founding acts of the people that claimed those rights within the
> > several nations that make up the EU. As a result, the courts
> > appropriately apply fundamental rights as rights that take priority
> > over acts of the government, and in this case that applied to a treaty
> > with the US. A human rights treaty could never produce this kind of
> > result, because it's a treaty among governments, not an act setting
> > the priority of fundamental rights as limits on government. A whole
> > lot of the frame of "Internet governance" has a problem understanding
> > this basic characteristic of what's different in the international
> > arena.
> >
> > Safe Harbor's falling down this year was a serious advance in the
> > discourse just when we needed it -- before a blind handoff of Internet
> > stewardship proceeded without understanding the nature of the
> > transition (This point would apply regardless of whether the Internet
> > had been "hosted" by the US or any other free country).
> >
> > LIBE Committee to Commission: Why Did Safe Harbor Last 15 Years?
> >>
> https://iapp.org/news/a/libe-committee-to-commission-why-did-safe-harbor-last-15-years
> >
> > European Court Chief Defends Decision to Strike Down Data-Transfer
> Agreement:
> >>
> http://www.wsj.com/articles/european-court-chief-defends-decision-to-strike-down-data-transfer-agreement-1444768419
>
>
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-- 

*Salanieta Tamanikaiwaimaro aka Sala T*

*P. O. Box 17862*

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