Memories of Stasi color Germans’ view of U.S. surveillance programs
mcclatchydc.com
mcclatchydc.com
That directive required every state in the EU to pass laws that all their citizens telecommunications metadata would be stored for at least 6 months, and often more, up to 2 years.
As I understand it, this means all 'metadata' is required to be stored, including the source and destination for every phonecall and text message, including cell location for cellphones, and information mapping IPs to users for web+email (and perhaps also the source and destination of every e-mail; but I'm not certain about that?). I believe that the data is stored by service providers, and only passed to law enforcement in the context of a particular investigation in theory (in the Irish implementation, a court order is not required to access an individual's records; a request from a high ranking law enforcement officer or tax official is enough). But its all collected and stored.
Maybe that's a sufficiently big difference that warrants the EU retention laws not being mentioned in this article? But it seems to me that they should still be part of this narrative.
There have been challenges to the EU directive, and countries dragging their heels about implementing it. But, by and large, it is an established part of EU law.
I don't know a lot about this area, but I feel that an understanding of existing European data retention laws seems to be missing from the coverage of the European reaction to the US data collection issues.
I personally, as a German, am much less forgiving towards the UK than towards the US for what has been revealed. The UK is a EU member, which is so much more than just an ally. It is now clear that the UK spies on all continental Europeans, gives that data to the US, and at the same time tries to opt out of the EU cooperation on police and criminal justice. No matter how you turn it, this cannot be interpreted as anything else than a "spit in your face" gesture towards the rest or Europe. We now get the uneasy feeling that the current and past governments of the UK more or less hate us.
I think this clip from the classic comedy 'Yes, Minister' sums up Europe.
http://www.youtube.com/watch?v=qVrN-gkzVYI
The UK doesn't hate the rest of Europe, but clearly each nation will play its hand for its own political reasons.
I don't quite understand how this view of things is possible.
From the very start, when the Coal and Steel Community was created in 1952, loss of national sovereignty was, to a certain degree, built into the system. The primary goal of European cooperation was to take away the ability of European nations to go to war with one another. Also remember the "de fact solidarity" that Robert Schuman spoke of in his famous declaration in 1950: With all the horrors of WW2 fresh in mind, nobody could expect the people of Europe to show solidarity for another, so the framework of Europe must be set up to generate a "de facto solidarity". The whole system should be set up in such a way that the people of Europe cannot _not_ show solidarity.
We learned this in school and it seems to be generally accepted by the general populace, at least in the "old" continental Western Europe. If you ask older Germans or French about European integration, they will talk about avoiding war, not about the single market.
The only possible explanation I can come up with for the sentiment that the EU was "all about the single market" is that UK voters were horribly misled by their press and politicians at the time of EU accession. Is this plausible?
On a side note: I admit that what I wrote about hating Europe was harsh, but we (i.e., me and many others I've spoken to) do feel genuinely betrayed.
This is the correct interpretation, at least as far as public polls over EU prove time and again in the UK.
If you actually combine the different responses to EU surveys, almost everyone in the UK across all factions of life, even today, mostly have interest in remaining in the EU solely for the common market, if that.
It is probably not helped by the fact that the most respected or even revered UK political leaders of the last 50 years, i.e. Churchhill and Thatcher, were extremely lukewarm about the EU project.
The difference compared to political attitudes of the public on the continent is very stark indeed.
Note. As for the European Convention on Human Rights opt-out, that is mostly a UK Conservative government/conservative media issue that they want to force through and they have had very little actual broader public debate or support. Of course, that does not mean that it will not go through eventually regardless, especially when "terrorism" is used to justify just about anything these days...
Maybe in some quarters/communities. Definitely not revered or respected in some parts of the UK.
Even as children we're constantly fed war movies about the plucky Brits fighting against the evil Germans, so therefore most Brits hate Germans, and we've been at odds with the French forever. There are many English terms/phrases which are derogatory about the French. French kiss, French letter, French disease etc.
This is a very useful tool for the politician who wants to stir up a hornets nest of outrage or just shore up some votes by looking 'anti-Europe'. And it works.
Even myself -- someone who has friends in many European countries (Norway, Sweden, France, Germany, Serbia, Romania, Spain, Italy, Croatia, Austria, Slovakia - just quickly off the top of my head!) -- get caught up in it.
It's pure xenophobia, and it's frankly disgusting. We don't have the English channel and the North Sea around us, we have a moat.
However.
There is always the argument for a greater say from the people of Europe. It certainly seems there is a huge bureaucracy with very little public oversight. And it seems incredibly inflexible. The impression many have is that they can't vote the bureaucrats out, and there's very little to stop them haemorrhaging money/rights/power.
In an era where we have the technology to bring democratic decision making closer to the individual, the EU definitely seems to be moving in the opposite direction.
(Then again, this could just be the years of 'conditioning' that make me think this!)
</waffle>
I think this is a large part of why GB has a different relationship with Europe. In other European countries you can just jump in a car and drive almost anywhere else in Europe. For many people they can be in a couple of different countries in under an hour. Compare this to Gavin to book a flight or a ferry crossing, with the time and cost involved, and it's not too surprising that we're not as neighbourly as the other members of the EU.
Owning a car often gives you a lot of options you don't have without it.
Unless you live in NYC/similar.
"Unelected buerocrats"? You mean like the House of Lords which allows someone who wasn't elected to be a cabinet minister? (Lord Mandelson, Baroness Warsi, etc.)
"Haemorrhaging money"? Remember the UK MP expenses?
So ask yourself, is the UK Parliament more or less democratic than the EU?
The problem with concentrating power is that you have fewer representatives representing more people, which breaks democracy outright. We should be looking to localise power where we can, give people responsibility and a say in their lot.
Europe should be a framework and an enabler, not a system for centralising as much power as possible. Do we really want a federal Europe? Absolute power corrupts.
The 'common market' was a tool to achieve that. We were also certain that France (and some other countries) also wanted that. Something which was/is very important for us.
Not sure what Britain was and is thinking... but if Britain says they did not know about these goals, then something else went wrong. But that sounds more like internal problems in Britain and has very little to do with the EU or Europe.
Far from being a mis sold notion to the British public, it was in fact a preferred popular view. The acquiescence of Chamberlain to notions of compromise were well remembered, and the effort and loss of treasure to overcome that mistake gave rise to caution and defensiveness.
Viewed from the German and French perspectives, it appears very differently. But England has a very long history in needing to attend to other nations ideas of supra nationalism as it relates to the British Isles, and its own inclinations to state power inform its decisions as well.
While not my view, to many 'middle englanders', the Franco German alliance is a continuance of historical european politics. The French compromise, with some resistance, and the Germans see Europe as a larger political entity, having the characteristic of land locked imperialists. Even recent diplomats have expressed this view.
The decision to limit the European project to a trading agreement was in the first instance all that could be politically managed in the UK.
There is a British view, which I am unconvinced of, that the single currency, being done for political rather than economic reasons, has caused, and will continue to cause international European tension.
In short, Britain is not convinced of the economic case, it is not convinced of the moral case, it is not convinced of any benefit whatsoever.
If the Tories win power at the next election outright, which is possible, they have promised an in/out referendum on Europe. If that referendum takes place it is perfectly clear how Britain will vote, they will vote Out.
Then we will be living in interesting times.
Now Britain is desperately seeking for a vision. Is it the revived Commonwealth? Difficult. Though there could be improvements. Britain has a huge trade deficit with India. What else? Is it a form of self-isolation? Alternatively the US could be the best partner and Britain can have a free-trade agreement with the US.
In my view Britain takes itself much too important. From here in Berlin we have many more difficult problems. We just need to look a bit east. Poland is a country which enjoys some growth and it would be much more useful to help them getting into shape and getting them up to the level of Eestern Europe. Even East Germany needs a lot of attention.
As an European, I have to say the EU is a huge success. Much of what I read in the newspapers is bullshit anyway. How often has the British press written that the Euro is over in a few days, survival possibility of a few percent, Germany is already printing Deutsche Marks, and more. Fact is, the Euro is still there, looking stable and the Eurozone is committed to keep it.
Britain may get out of the EU. Scotland may even get out of Britain. The interesting times will be more interesting than some think.
What I can't argue with though, is that there is definitely a perceived democratic deficit in the EU. I won't argue about whether it is real or not, it doesn't matter, what does is a lot of Europeans (not just the British) don't like EU bureaucracy.
This is a common meme in British politics/public. The idea that "this isn't what we agreed". But I haven't actually seen any evidence for that.
It seems like backwards justification of the right wing british politics to explain why the Tories brought the UK into then EEC and to explain why the British public voted to stay in a few years later, and also to explain why many other countries (a) want to stay in it and (b) want to join.
I'm actually surprised more hasn't been made of the UK involvement on this (but I'm currently not in Europe so difficult to gauge the reactions)
Why aren't you as angry about Sweden doing the same thing to your communications? It was not even a secret matter.
[1] https://en.wikipedia.org/wiki/FRA-law [2] https://en.wikipedia.org/wiki/Titan_traffic_database
Since the ruling of the Constitutional Court, whenever there was some crime, there'd be the predictable knee-jerk reaction by Hans-Peter Uhl (CSU) that it wouldn't have happened if we had data retention. And equally predictable, Sabine Leutheusser-Schnarrenberger from the liberal democrats (FDP) would say "Nein". There's even a website to look up whether Uhl has called for data retention (hatuhlschonvdsgefordert.de).
Federal elections are coming up on September 22 and it's likely that we'll get a grand coalition again (CDU/CSU + SPD). That would mark the end of Sabine Leutheusser-Schnarrenberger's tenure as Justice Minister and it would be a boon for the hardliners. Heaven forbid!
Er, but this is completely imaginary. The UK has derogations from more of the optional stuff than nearly any other member state, and has a poor record for implementing the mandatory stuff.
As someone who has had exposure to certain parts of EU human rights law, the coverage of the relevant issues in the British press is disgraceful. Unfortunately, respecting people's human rights is often difficult and costly, thus an easy target for sensationalist headlines.
This idea, that EU-law-in-UK is somehow worse than EU-law-in-France (or -Germany, etc.) is used an excuse to explain why other countries don't want to leave. "Why don't Spain want to leave the EU if it's so bad?" "Oh! Well they don't implement all the laws!!". Unfortunately it's not true. France goes above and beyond the EU minimum (and beyond UK) in many EU-laws (e.g. Working Time Directive).
On the EU level “Germany” was very much pushing for data retention and a big reason why it passed in the first place (while some other parts of “Germany” were very much against data retention and worked against it on the EU level).
It’s wrong and misleading to talk about the EU abstractly – as is frequently done, especially in the media. If decisions are made on the national level all different opposing views are shown in detail and points of contention are discussed at length – but the EU apparently hands down laws like god on Mount Sinai. But that’s very clearly not what happens.
The EU has many faults and is far from perfect, but one easy fix for many issues would be better and more thorough media coverage. To me this is also very much a failure of journalism. If no one portrays the conflicts and discussions in the decision making process then that’s very bad. The decision making process has to be scrutinised and the people have to be given a chance to protest. But if the media is unable to do it that just won’t happen.
Because the decision making process is on the EU level very much is long-winded and complicated, with dozens of different views on any given topic and many people who have a say. There would be lots to cover.
it's called ETSI Lawful Interception see: * http://en.wikipedia.org/wiki/Lawful_interception#Technical_d...
* http://en.wikipedia.org/wiki/Lawful_interception#Europe
* http://www.etsi.org/index.php/technologies-clusters/technolo...
* http://webapp.etsi.org/WorkProgram/Report_WorkItem.asp?WKI_I...
* http://webapp.etsi.org/WorkProgram/Report_WorkItem.asp?WKI_I...
This has been in place much longer than the "data retention" directive.
After reading a bit into it I think the situation is actually quite good. The EU passed the directive requiring all EU countries to adopt national laws for data retention but now there are lawsuits all over the place. The directive has been widely adopted by the member states - in some cases after being sued by the EU for not adopting the directive (but this court is not responsible for ensuring that the directive does not violate other laws) - but at least in Germany, Romania and the Czech Republic the laws have been canceled after they were ruled unconstitutional. There are pending lawsuits against national laws in other countries, more lawsuits against member states, for example Germany, by the EU for not adopting the directive and lawsuits against the directive. After being ruled unconstitutional and violating human rights in several countries I think it is only a matter of time until the whole thing gets buried. It will have cost an insane amount of time, money and dedication but the system still seems - more or less - to work.
Even Schmidt, 73, who headed one of the more infamous departments in the infamous Stasi, called himself appalled. The dark side to gathering such a broad, seemingly untargeted, amount of information is obvious, he said.
“It is the height of naivete to think that once collected this information won’t be used,” he said. “This is the nature of secret government organizations. The only way to protect the people’s privacy is not to allow the government to collect their information in the first place.”
http://en.wikipedia.org/wiki/The_Lives_of_Others
In the film you can see some of the techniques used by Wolfgang Schmidt and his colleagues.
I don't use Facebook and I host my own email, mostly because I'd like to keep my social graph private.
However, Google knows everyone I'd have added on Plus already - and offers to add them for me. How? They've all uploaded their address books, and they all use gmail.
80-90%+ of my social graph is already known to them, just because my friends have already given them the data. My lack of participation in Google Plus is insufficient.
Even if you try and secure your data and privacy, unless everyone you know does the same thing it is pointless.
...Wow. I find it hard to even fathom that.
Policies change when governments change, so every time there are US senate elections[1] or US presidential elections[2] then it'll be a chance that we irrevocably move further down the dark road of totalitarianism.
If there's anything to do to remedy this situation, it's talk to your congressional representative. Gerrymandering may have made that a pointless task, but it's just the first step towards freedom.
[1] http://en.wikipedia.org/wiki/United_States_Senate_elections,...
[2] http://en.wikipedia.org/wiki/United_States_presidential_elec...
Additionally even when governments don't change the policies have an uncanny habit of not being followed whenever it's convenient to ignore them. That has happened time and time again.
Here are some of my ideas: Send encrypted emails, to communicate long distances. Use the internet way less. Use cell phones only to arrange real life meetups. Hang out & talk to people in real life. Never have a meaningful discussion "over the air".
Maybe one way to partially mitigate these concerns is to push for only storing/using private keys on these devices on a TPM.
As well as altering my choice to use, I am adding more and more security options. Mainly silly small things like the add-on that chooses HTTPS, ad blockers, or using Iron in stead of chrome, and so on. So, where I have an easy or ultimately seamless choice, Im choosing to encrypt and block. Nothing major, I know I am not secure, but more of my traffic is encrypted. Lastly, while I have used Linux servers for years, Im now trying to make Linux work for me as a Windows replacement. Partly because of the awful Windows 8 which I will down grade to from Vista (!!!), but more so because of these security issues.
So, nothing big, but a general move. But one key thing is that is people are anything like me, what we will see is more and more internet traffic become encrypted. Not sure what that with do to spy paranoia. Probably makes us default guilty.
The other plan is to use NO defenses what so ever. Open one's self up, but never ever do anything other then the tedious benign on the internet. Show the world how open and nonthreatening you are. Keep all the evil stuff like joint smoking, porn watching, political opinion, medical questions, employment details, etc off the electronic spy.
Considering passwords are often stored in plaintext and companies think this is no big deal, I'm not sure how well that will work.
Without proper trust models in place, this won't solve all the problems, but I feel like that's what the culture of communication on the Internet has to look like. It has to be done by the engineers at the protocol level, and application developers have to adopt it. Servers and other peer-to-peer clients should refuse to speak plaintext.
Focusing on things like getting people to use PGP, OTR, etc, is hopeless and will only work with other privacy geeks.
It would be interesting if people started to revert back to less and less digital communication and went back to doing what you're talking about. It's almost like another counter revolution taking shape.
This message and any attachments are intended only for the use of the intended recipient(s), are confidential, and may be privileged... If you are the NSA then please note I am a US citizen and under 4th Amendment rights you are not lawfully allowed to store records of this message
(I am not a US citizen, so fix as required)
Even if the NSA put free text detection algorithms to look for such a disclaimer (since they claim messages themselves are not examined without a warrant), they'd ignore the disclaimer anyways as anyone could easily claim they were a US citizen.
How about picketing outside the office of your Congressman/woman? We're invisible with passive responses. I think as a people we need to get over the sense of embarrassment we feel when we gather as group for a political cause.
Of course, this only helps if your ‘home area’, i.e. the area you trust to not intercept your messages and where you can act meaningfully to ban such interception, is sufficiently large – given the size of the EU (for example) even after Britain is out, that shouldn’t be too much a problem.
For everything going outside this green zone, encrypted communication is the go-to-response, be that PGP, OTR or at the very least HTTPS.
These people don't deserve the power given to them in trust. We should remove it from them. Nothing less than that will do.
You can't hide that information.
Don't send email and don't use the phone is the only alternative. Snail mail may be safe.
edit: The funny thing is that right now he is having a small problem with somebody because they had a verbal agreement over the phone about how much a repair would cost. Both their memories seem to remember different things. It is only a couple hundred dollars but my father said that if were in the order of $50,000 or more he would get a lawyer so that the conversation he had with the man could be retrieved to prove my father was right. I told him that that would never happen because, mmm..., because the government would not want to give it to anybody else. At that point I remembered that I had already been wrong once so I could easily be wrong again.
ALWAYS listen to the crazy old guy, especially if he's been correct about past events.
You don't have to believe him, but at least listen to him.
regards,
A Crazy Old Guy
24 years are a long time & that part of history is not as well-ingrained in the collective memory as the Holocaust. :-(
Maybe you are thinking that criminals can always have fake IDs so having an ID is pointless?
As for having to reveal/prove my identity to the police: I could do without that, but I consider it mostly a non-issue. In practice it happens rarely, and if it does the police officers tend to be pretty friendly and reasonable. Case in point, one of the two or three times this has happend to me in my life, my ID was invalid as it had expired several months before. They were basically like "Well you better get a new one soon, m'kay?" and then sent me on my way. YMMV of course.
The big difference though between the ID card thing and privacy violations by spying is that the spying happens behind people's backs, and they may never know how broadly their rights are violated until one day the gathered information is used against them. There can be no effective oversight and that's why it must not be allowed to happen in the first place.
If on the other hand the police started abusing their authority – acting like dicks, grabbing people en masse to check their IDs on every street corner, it would be immediately obvious to everyone and could presumably be corrected (by vote, protest, civil disobedience, etc).
That's probably true to some extent. I imagine though that the situation is similar in other countries, and the problem is racism in itself. It's sad, but it has nothing to with the ID requirement.
Just look at the US; they may not require an ID, but it sure does not seem to stop their police from physically abusing anyone who looks at them the wrong way. Or in rare cases, literally beating up or even murdering someone just because they're black/mexican/whatever.
(Disclaimer: I've never been to the US. American pop culture may have distorted my view on the American police. :)
Well remember, when we discuss government programs the only valid point of discussion is what could possibly go wrong in the hands of a despot, not how the program is applied in practice. ;)
> The big difference though between the ID card thing and privacy violations by spying is that the spying happens behind people's backs, and they may never know how broadly their rights are violated until one day the gathered information is used against them.
That has always been true in the U.S. though. Just look at the NFL tight end Aaron Hernandez, who was arrested on murder charges yesterday. During his arraignment the prosecution managed to produce a horrifying assortment of evidence against Hernandez, after only a week's worth of police work (all fully legal and with proper oversight).
The only effective difference was that in this case the government did not retain the records by themselves, but subpoena'd them from the companies as needed.
The government could still theoretically switch to doing this too. PRISM is a good example, but there's no technical reason why the NSA couldn't just require the phone and Internet companies to store all the data that the NSA would anyways, and access it on demand.
I guess what I'm trying to say is that the things "spying on us behind are backs" are the things we've built onto the Internet. The Internet Never Forgets and that works to the government's advantage as much as it does ours.
Both german states were running like virtualized OS instances hosted by occupation. Under those conditions one would probably give an ID-less system about as little consideration as a liberal reimplementation of the second amendment. When that changed nobody felt much like messing with the proven western system envied so much by those in the east.
Are there any oversight committees that check that the police of European country aren't abusing the power to demand ID I Think Not.
Might as well have written: "Memories of segregation and lynching color African American's view of modern day bigots".
I mean the "color" part tries to make it as something strange (or even bad, some kind of "distortion") is happening, when it's the most natural thing in the world: actual historical experience with the issue, makes German's more informed on what it can result to and more sensitive to how bad it is.
I'm always amazed to what BS spin columnists put on their stories. And not always innocently.
If a similar interview with someone who did participate in lynchings were conducted, I don't think your second title would be all that far off. But racial bigotry isn't the hot issue right now. I think it's helpful to draw parallels to the past - and a title like that might help encourage people to actually read.
It seems to be in a limited extent, though not for news items that are relevant on HN.
Dagmar Hovestaedt is the spokeswoman for the German
Stasi Records Agency, which showed 88,000 people last
year what the Stasi had gathered on them. She said the
U.S. should consider doing the same.
The Stasi Records Agency is known in Germany as "Gauck Behörde"[1], because for ten years its head was the anti-communist civil rights activist Joachim Gauck.Gauck is now President of Germany and when Barack Obama was in Berlin they met and according to the schedule talked for one hour.
I was curious which topics they discussed, but unfortunately it was not covered in the press.
[1] http://en.wikipedia.org/wiki/Federal_Commissioner_for_the_St...
I wasn't able to fit all that into your OS metaphor, sorry.
Less rhetoric, more policy debate please.
We don't have universal health care.
Eh, have to pin Guantanamo on Congress, not Obama. Contrary to what might be popular opinion in the EU, but he is our President, not our King, and therefore doesn't get to unilaterally do whatever he wants on all things.
Oh, and the military is active in Jordan, not Syria. The rebels are active in Syria. Of course the U.S. is screwed either way here. If we get involved then we're warmongers, if we don't get involved then we're just letting 100,000 people and counting kill themselves and stoke up sectarian violence amongst the world's most populous faith, which is apparently obviously the far more ethical alternative.
Obama in 2008 -- "I will close Guantanamo". Don't fucking care what and who and other excuses. He promised, but didn't deliver. That makes him a liar. It is very simple. Now you can dissect that and ask, was he stupid and didn't know that he didn't have the power? Maybe. Well then he is a stupid liar. Was he aware that it wasn't really in his power to do that, well then he is an just a simple run of the mill liar.
People are also simple-minded and are easily manipulated. But that is exactly what the hope was about. The hope was that he wouldn't be like others. He wouldn't lie. He would say stuff like "I can't make that promise" if he really couldn't.
> if we don't get involved then we're just letting 100,000 people and counting kill themselves and stoke up sectarian violence
Apart from PR articles and lobbying campaigns, I can't remember the last time I heard the world in an uproar about US _not_ intervening and invading a country.
I knew exactly what he was by his voting record as a senator. He voted to give retroactive immunity to telecom companies spying on American citizens. It was plain and simple, a single action told me more about who he was than a thousand of his warm and sweet promises and hopes.
You could as well have said that he's a politician. I'll bet you believed Google when they said you'd be able to access your email whenever you wanted to as well. Such grandiose claims always have to be evaluated in the context of reality, otherwise we would have to add asterisks to practically each and every thing we say to cover all the possible pedantry.
> I can't remember the last time I heard the world in an uproar about US _not_ intervening and invading a country.
I didn't say "invade". I said "involved". Libya is merely the most recent of many examples.
Now Neuland does not just mean "new", but "new land". Similar as America or Africa was new land after 1500. So it means, the internet is ripe to conquer it.
Merkel herself was a former Stasi member, known as IM-Erika (Informal Member Erika). Germany is currently tapping more phones, then DDR ever had. We do not have a PRISM scandal, but a law called Vorratsdatenspeicherung.
Merkel was not a Stasi member and she was not known as 'IM Erika'. There are some rumors, but that's it mostly.
The law 'Vorratsdatenspeicherung' is ruled unconstitutional by the 'Verfassungsgericht'.
That the Internet is 'Neuland' is trivially true. I have been using the Internet since the mid 80s. But what we currently have is completely different, of a different quality and unprecedented.
plz call it conspiracy, but mr.gauck was the one holding his thunbs on their secret files,...
http://www.sfgate.com/crime/article/How-innocent-man-s-DNA-w...
The text of the original cable: http://www.guardian.co.uk/world/us-embassy-cables-documents/...
knowledge of death and disease colours doctors' views on healthy living
The irony is palpable.
The new and improved updated version of tyranny.