foreign embassies affirmative - michigan7 2015

7/25/2019 Foreign Embassies Affirmative - Michigan7 2015

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1AC


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PlanThe United States federal government should cease its surveillance offoreign diplomats in the United States and at United States embassies.


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EU Relations AdvantageThe Advantage is US-EU Relations

Sno!den"s lea# e$posed secret US surveillance of foreign ambassadors atUS embassies this caused massive bac#lash to US surveillance polic%

&acAs#ill and 'orger 1((Ewen is the Guardians defense and intelligence correspondent,previously the DC bureau chief and diplomatic editor and Julian is the Guardians diplomatic editor andauthor of The Butchers Trail, !"#, $%ew %&' leas show how )& is bugging its European allies*,http+!!wwwtheguardiancom!world!-#."!/un!"#!nsa0leas0us0bugging0european0allies1!!cc

)& intelligence services are spying on the European )nion mission in %ew 2or and itsembassy in 3ashington, according to the latest top secret )& %ational &ecurity'gencydocuments leaed by the whistleblower Edward &nowden4ne document lists "5 embassies andmissions, describing them as 6targets6 7t details an e8traordinary range of spyingmethods used against each target, from bugs implanted in electronic communicationsgear to taps into cables to the collection of transmissions with specialised antennae'long with traditional ideological adversaries and sensitive 9iddle Eastern countries,the list of targets includes the E) missions and the :rench, 7talian and Gree embassies,as well as a number of other 'merican allies, including Japan, 9e8ico, &outh ;orea, 7ndia and TureyThe list in the &eptember -#.# document does not mention the );, Germany or other western European states 4ne of thebugging methodsmentioned is codenamed Dropmire,which, according to a -##< document, is 6implanted onthe Cryptofa8 at the E) embassy, DC6 = an apparent reference to a bug placed in a commercially availableencrypted fa8 machine used at the mission The %&' documents note the machine is used to send cables bacto foreign affairs ministries in European capitals The documents suggest the aim of the bugginge8ercise against the E) embassy in central 3ashington is to gather inside nowledge ofpolicy disagreements on global issues and other rifts between member states The newrevelations come at a time when there is already considerable anger across the E) over earlier

evidence provided by &nowdenof %&' eavesdropping on 'merica>s European allies Germany>s /ustice minister,&abine ?eutheusser0&chnarrenberger, demanded an e8planation from 3ashington, saying that if confirmed, )& behaviour6was reminiscent of the actions of enemies during the cold war6 The German maga@ine Der &piegelreported at the weeend that some of the bugging operations in Brussels targeting the E)>s Justus ?ipsius building = a venue forsummit and ministerial meetings in the Belgian capital = were directed from within %ato headAuarters nearby The )& intelligenceservice codename for the bugging operation targeting the E) mission at the )nited %ations is 6erdido6 'mong the documentsleaed by &nowden is a floor plan of the mission in midtown 9anhattan The methods used against the mission include thecollection of data transmitted by implants, or bugs, placed inside electronic devices, and another covert operation that appears to

provide a copy of everything on a targeted computer>s hard drive The eavesdropping on the E) delegation tothe )&, on ; &treet in 3ashington, involved three different operations targeted on theembassy>s # staff Two were electronic implants and one involved the use of antennasto collect transmissions 'lthough the latest documents are part of an %&' haul leaed by &nowden, it is not clear ineach case whether the surveillance was being e8clusively done by the %&' = which is most probable as the embassies and missionsare technically overseas = or by the :B7 or the C7', or a combination of them The -#.# document describes theoperation as 6close access domestic collection6

This surveillance serves no national securit% purpose it"s being donee$clusivel% to eavesdropCouncil of Europe 1)(Council of Europe Committee on ?egal 'ffairs and uman ights $9ass&urveillance* - January -#.F https+!!ccdcoeorg!sites!default!files!documents!CoE0.F#.-09ass&urveillancepdf1!!JuneC!!
http://www.theguardian.com/world/2013/jun/30/nsa-leaks-us-bugging-european-allieshttp://www.theguardian.com/world/2013/jun/30/nsa-leaks-us-bugging-european-allies


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The %ew 2or Times revealed that the %&' monitored an 'merican law firm representing a foreign government in trade disputesagainst the )nited &tatesF" as well as other countries preparations for the Copenhagen Climate &ummit, including those by the host

country, DenmarFH The %&' also engaged in targeted surveillance of the )nited %ations, the European)nion, and other international organi@ations in a variety of ways, including bugging embassy phones andfa8es, copying hard diss, and tapping into the internal computer cable networ used by collaborators FFTo cite a few e8amples out of the many that were revealed, the %&' used operation Blacfoot to gatherdata from :rench diplomats offices at the %ew 2or )% headAuartersF 4peration erdido targeted theE)s offices in %ew 2or and 3ashington, while owell was a codename for the %&'s scheme toeavesdrop on the Gree )% offices in %ew 2or The %&'s internal document indicated that its spyinghad a ey influence on $'merican negotiating tactics at the )%* in connection with the 7raA 3arThans tothe intercepted conversations, the %&' was allegedly able to inform the )& &tate Department and the 'merican 'mbassador to the)% with a high degree of certainty that the reAuired ma/ority had been secured before the vote was held on the corresponding )%

resolutionF

than idealistic and selfless 'T 777+ :uture prospects3hile e8tensive co0operation between the )& andEurope is set to continue, the leas and the loss of trust they entail are liely to have a series of concreteconseAuences in the medium term :irst of all, it is possible that public concerns over mass datacollection will lead to increased pressure on European intelligence agencies toweaen their co0operation with )& agencies , potentially undermining collective security+ more liely however is thatgovernments will weather this storm and it will be business as usual to a great degree's far as the TT7 is concerned,negotiations are still ongoing, but it seems increasingly liely that fears over data protection will mae it


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harder to adopt common standards , while fears of bacdoor access may lead to resistance tothe opening up of European government procurement to )& companies )ltimately, the European

arliament will have to approve the final deal, a potentially difficult hurdle to overcome To eepabreast with the pace of technical change revealed by the %&'s techniAues, the E) and Europeangovernments are set to launch a set of initiatives designed to update the E)>s digital infrastructure so that

it is better protected from e8ternal probing, and to create a stronger regulatory framewor for dataprotection7n this regard, in 4ctober the Commission developed proposals for the reform of data protection, ensuring that non0European companies respect E) data protection law and only transfer data outside of the )nion in specific circumstances Thesecombined efforts are liely to result in a strengthened European data protection system and in stronger

regulations, which could end up restricting not only 'merican spying but also the operations of )&

companies in Europe if they fail to comply with European standards This may actually serve as a

stimulus for the )& to adopt similar standards 7n diplomatic terms, there is liely to be a symbolic push for aformal or informal agreement over spying, and a push to review e8isting E)0)& data transfer agreements 4fficial limitations onactual spying seems unliely after the failure of the )&0German >no spy> agreement 7nstead of a formal understanding it is liely thatthe )& will refrain from indiscriminate spying in the future, recogni@ing the potential for diplomatic fallout 7n terms of data0transfer agreements, the E) is seeing to strengthen the e8isting >&afe arbor> data transfer framewor, ensuring that the )& doesnot abuse the clause allowing e8tensive transfers for national security reasons 9oreover negotiations are ongoing for an >)mbrella'greement> for data transfer in the conte8t of counterterrorism and /udicial cooperation+ the ey point will be securing the right of

European citi@ens to see redress in 'merican courts in case of improper data transfer The )& is liely to be receptive to theseinitiatives, reali@ing that these are conciliatory steps and that indiscriminate spying has the potential to cause serious damage 7fcurrent negotiations concerning future co0operation in data sharing succeed, it is possible that &nowden>srevelations will eventually come to be seen as having had some positive side0benefits within a widernarrative of treachery+ spurring co0operation and playing a role in restoring trust and renewing thetransatlantic partnership in the digital age 7t will be possible for the )& to weather this storm of adversepublicity and diplomatic fallout but if this is the path chosen it will cast a shadow over transatlantic

relations+ it will be better to offer symbolic reforms to curb the %&'s perceived e8cesses

,ailure to reverse status uo embass% sp%ing spills over b% generating

friction on the overall transatlantic relationshipoung 1+= &enior K and Chief &trategy 4fficer of %ational &ecurity arnters, ??C, served as the

E8ecutive Director for the Directorate of lans and olicya t the )nited &tates Cyber Command, and as asenior leader at the %&' (9ar 2oung, &ummer -#.H, $%ational 7nsecurity+ The 7mpacts of 7llegalDisclosures of Classified 7nformation,* .# 7&J? "s inability to better balance security and civil liberties H;upchan has noted that many Europeans feel that 4bama 6has failed to deliver on his pledge to clean up some of the e8cesses leftbehind by the George 3 Bush administration6 F German Chancellor 'ngela 9erel originally defended the apparent intelligencecooperation disclosed by &nowden &he pointed out that Germany had 6avoided terrorist attacs thans to information from allies6 But, in the face of new disclosures, she is now discussing limits on privacy intrusions 9erel has alluded repeatedly to 6Cold

3ar6 tactics and has said spying on friends is unacceptable < er spoesman has said amutually0beneficial transatlantictrade deal reuiresa level of /mutual trust./ 5 Chancellor 9erel has been critici@ed for her apparentlyfeigned indignation about alleged cooperation with the )& 7ntelligence Community 6Germany has demandede$planations for&nowden>s allegations of large-scale sp%ing by the %&', and by Britain via a programme

codenamed >Tempora,> ontheir allies including LM".N Germany and other European )nion states, as well as EU

institutions and embassies 6 The ead of German domestic intelligence has said he new nothing about the


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reported %&' surveillance .## 4pposition parties believe otherwise They claimed that, because German intelligence activities arecoordinated within the 4ffice of the Chancellor, highlevel officials must have nown about speculative %&' activities .#. Der&piegel has reported that the %&' monitored about twenty million German phone connections and ten million 7nternet sessions on

an average day and si8ty million phone connections on above average days .#- Thus, unconfirmed )& intelligenceactivities arenow an issue that !ill affectGerman political leadership and the diplomatic and

intelligence relationships between Germany and the )& The impacton European )nion allies is

already seen inthe tals being heldbetween European )nion member states and the )nited &tates about'merican surveillancetactics that may have included spying on European allies .#" resident 4bama assured Germanythat the )& 6taes seriously the concerns of our European allies and partners6 .#H Theinitiation of a dialoguebetween the)nited &tates and European )nion 9embers about intelligence collectionand appropriate oversight .#Fwillalsocomplicate the transatlantic relationship estrictions or legislation that shifts standards of privacyand data protection will diminish 'merican and European )nion security

0t"s reverse causal curtailing embass% sp%ing !ould restore mutual

confidence ushering in a ne! era in transatlantic cooperationEconomic Times 1(= (


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parliamentary election in &eptember, has said that the :T' negotiationsshould be dela%ed untilthe espionageallegations aresufficiently clarified


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Scenario 13 RussiaRene!ed US-EU relations is vital to pro2ect a unified front in the face ofRussian aggressionCohen 456)('riel, a %onresident &enior :ellow at the 'tlantic Council>s Global Energy Center and

the Dinu atriciu Eurasia Center, e is also Director of the Center for Energy, %atural esources andGeopolitics at the 7nstitute for the 'nalysis of Global &ecurity and rincipal of 7nternational 9aret'nalysis ?td, -#.F, $ey, emember 9eO 7ts Europe The Transatlantic 'lliance is in Trouble*http+!!wwwatlanticcouncilorg!blogs!new0atlanticist!hey0remember0me0it0s0europe1!!cc

63e lived ne8t to ussia for F## yearsPlisten to what we have to say,6 olish resident Bronislaw ;omorowsi said at the Bratislava

Global &ecurity :orum on June -# e>s right The 3est needs to pay attention and achieve strategicclarity in Europe and beyond before it>s too late There are no shortage of crises andchallengesP7&7&, the refugee crisis involving state failure in %orth 'frica, &yria and7raA, the rise of China, and Greece>s potential e8it from the European )nion to name afewPfacing the )nited &tates and its allies, but )raine and ussia are among the eytests to the transatlantic relationship ussia is becoming more authoritarian,

nationalist, militarist, and e8pansionist )raine is inching closer to an economicmeltdown which is liely to translate into a greater social crisis Eighteen months after ussiaanne8ed Crimea, transatlantic unity has held But Europeans are increasingly looing inward and are ina bad mood ew>s recent opinion poll confirms that large ma/orities of Europeans are unwilling todefend %'T4 allies, while 5F percent e8pect the )nited &tates to come to their rescue ifattaced %'T4, the European )nion, and national governments need to convinceyoung people that their world and values are worth defending 7t>s true that Europe needseconomic growth to pay for its defense %ot all members are willing to spend two percent of GD on defense asrecommended by the 3ales %'T4 summit 7n fact, only five countries do+ Estonia, Greece, oland, the )nited &tates, and the)nited ;ingdom Greece>s potential e8it from the Euro@one may heighten turmoil in the financial marets and slow growth, further

diminishing commitments to robust military spending Europe is also internally conflicted and distracted

with other pressing issues During the Bratislava Global &ecurity :orum, the far right in &lovaia demonstrated againstaccepting refugees from %orth 'frica Taing into account the high unemployment rate among the young across Europe, thepotential for social destabili@ation is high and the momentum for Euro0'tlantic values islow There>s also concern about divisions in Central and Eastern Europe 'ustria andungary want a reliable supply of oil and gas, and ussian cash 4thers, lie C@echepublic and &lovaia,buy into utin>s tough image and pseudo0conservative narrative and somebelieve thatresidual pan0&lavic solidarity still applies to ussia, but not to )raine Estonian residentToomas enri 7lves and the former C@ech :oreign 9inister 'le8ander Kondra have warned that the European consensus on socialvalues, including overstressing individual liberties, while neglecting one>s duties to the society and the country, went over the top7lves cautioned in Bratislava that we should not stress the differences between old and new Europe, but find ways to unite Centraland Eastern Europe with 3estern Europe 'fter all, they were a part of a whole for over .,### years The )nited &tates found acompetent partner in German Chancellor 'ngela 9erel, and those favoring a softer approach to utin>s ussia in the German

business community have been restrained But a vocal anti0atlanticist minority in Europe, on the farright and far left, taes the ;remlin>s cash and buys 9oscow>s message 7ts message is an anti0'merican narrative, draped in a pseudo0traditionalist, anti0democratic values thatclaims to defend Christianity, while promoting homophobia and racism Berlin, 9oscow, and3ashington have prevented the conflict in )raine from getting out of control, but 9oscow>s strategic goals are farfrom clear 7t appears that 9oscow has abandoned its plans for %ovorossiyaPthe eight provinces in east and south )raineEven though 9oscows endgame is opaAue, the 3est needs to be prepared for a ussian offensive inCentral and Eastern Europe and the Baltic &tates 9assive military e8ercises suggest
http://www.atlanticcouncil.org/blogs/new-atlanticist/hey-remember-me-it-s-europehttp://www.atlanticcouncil.org/blogs/new-atlanticist/hey-remember-me-it-s-europe


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that utin isnt messing around e /ust added forty new missiles to his strategic nuclear arsenal, while ussia>sshort0range 7sander missiles in ;aliningrad may have received nuclear warheads By e8tending the 7sanders range, the ;remlin

may have violated the .5< 7ntermediate %uclear :orces Treaty ussia>s incessant prodding of 3estern airdefensesand in :innish and &wedish waters may hint at how far the ;remlin>s ambitions stretch But itcould also be mere posturing The answers to these Auestions reAuire more human intelligence gathering and strategic planning thatwe franly don>t do well 4ne hopes that the sanctions and lower oil prices will change ussia>s behavior in )raine and in Europe,

but oil is already inching higher, and hope is not a strategy 7f the conflict in )raineescalates, millions of refugees will stream into Europe , and there will be no sea to stop them %'T4isrightly focused on ussia as never before 2et it needs to put its money and muscle where its mouth isQ it should pre0position military eAuipment in Central and Eastern Europe, as the )nited &tates plans to do, ande8pand military assistance to )raine, including defensive weapons and training But that>snot enough 7 /ust returned five wees abroad and spoe with foreign leaders and policy e8perts in China, 7srael, ;a@ahstan,

9ontenegro, ussia, and &lovaia There is not enough clarity :rustratingly, we>re still discussing strategicinformation aspects of ussia>s belligerence in the )raine conflict To state the obvious, policy prescriptions often getfoggy without a clear strategy

The threat is real Russia"s spoiling for a fight a credible and unified

deterrent is #e%&orris 4567= staff writer at the Kaluewal (Christopher 9orris, !-

war!1!!twemchen

Tensions continues to ramp up between ussia and the )nited &tates, as geopoliticalmanoeuvers unfold The uneasy peacebetween the Eastern and 3estern superpowers seems to be

deteriorating further, with both sides taing actionwhich has resulted in distrust increasingfurther ussia %uclear 3eapons 7sander missile launcher utin increases nuclear !arhead haulJust last wee, the ussian supremo Kladimir utin announced that ussia intended to e8pand its e8isting nuclear arsenal Thismove would seethe nation establishing forty new intercontinental ballistic missiles to add to its e8isting Auota Considering

that ussia and the )nited &tates collectively have in the region of .F,### nuclear warheads, one might not unreasonably wonderwhat is the point of ussia acAuiring another forty There is no doubt that should the )nited &tates or ussiaever fire anuclear weapon at one another, theultimate result would beunprecedented and unimaginable

global devastation )nfortunately, both ussia and the )nited &tates have engaged in actionsinrecent monthswhich have resulted in thediplomatic situationbetween the two nations deteriorating Thelatest increasein nuclear weapons announced by ussia seems to have led to a ne!phase of posturing

and militar% manoeuvres , which is the latest in a phase of rising tensions that

began !iththe U#raineconflict bac in -#." Geopolitical conflict 's has been reported previously by Kalue3al, the

e8isting situation must be seen in the slightly geopolitical conte8t ussia and the )& are historical rivals

anyway, but the pairing of ussia with China in the new B7C& power bloc places pressure on thetraditional )&0led hierarchy The old world order of the'nglo0'merican and E) ! %'T40driven institutions is being challenged bythe B7C&, and the powerful organi@ation has already made ita stated goal to play a greater role in e8isting economic institutions, or if this is not achievable to set up acentral ban of its own Kalue3al reported sometime ago that the B7C& nations have been scheming to create their own centralban, as the ma/or political and business figures from the Eastern world continue to be fro@en out of the e8isting global economicinfrastructure 3hether this is a serious intention, or rather a bargaining chip in an ongoing debate and struggle, remains to be seen

But what is certain is that the e8isting tensionbetween the )nited &tates and ussia should be seen as asymptom of this situation ussias replacement strategy 'ccording to 'dam 9ount, a &tanton %uclear &ecurity :ellow


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at the Council on :oreign elations, the announcement which has recently been made by utin does not actually signifying asignificant change in ussian nuclear policy 9ount suggests that ussia is fully compliant with the %ew &T'T treaty, which limitsstrategic launches such as 7CB9s ussias e8isting nuclear capability is indeed dating owing to its &oviet0Europe vintage ussiamust continue to tae delivery of forty new weapons every year simply to replicate the e8isting capability This is essentially thee8planation for the e8tra warheads which have been ordered by the ussian president, and doesn>t really represent an increase in

the nation>s nuclear capabilities egardless of the realities of this announcement, it still presents anopportunity for %'T4 to ramp up the rhetoric against the nation 7ndeed, %'T4 officials have alreadye8pressed concern over the announcement made by utin, with The Guardian newspaper reporting concern within the militaryorgani@ation of the e8tent to which such weapons are being utili@ed in ussian military e8ercises )& Building Defense &ystem'gainst ussia Cruise 9issile 7mage &ource+ Defense 4ne %'T4 responds in ind %'T4 has also taen e8plicitly aggressive steps of

its own, by beefing up its esponse :orce There arealready thousands of soldiers and advancedmilitar% technolog%and weaponry stationed near ussia>s borders in responseto the

)rainian situation, and this fighting force has recentl% been further increased 7t alreadyconsists of .",### troops, but according to reports that emerged this wee, %'T4 may now increase this to as much as H#,###%'T4 &ecretary0General Jens &toltenberg has specifically stated that the move isn>t intended to increase tensions, and %'T4sofficial policy is to see neither confrontation nor a new arms race %aturally, ussia has been critici@ed for its policy in the )raine,but it is also notable that the )nited &tates and its allies have destabili@ed this relationship and region by directly supporting the

overthrow of the )rainian government The subseAuent encircling of the nation with a large Auotientof military force was only liely to ramp up tensions further 'nd despite what has been stated about

%'T4>s intentions by the organi@ation itself, it seems that the military alliance that it represents is absolutel%prepared to implement amore aggressive nuclear weapons strateg% %'T4 considersthis to be a response to ussian aggression rather than a pre0emptive policy,but this willonly serve todiminish the diplomatic relations between the 3estern and Eastern superpowers %uclear response reported

7t was reported again by The 3orld &ocialist 3ebsite that %'T4 iseven planning to respond to any attemptby ussia to counterthe )nited &tateswithan even more aggressive military strategy This could even includenuclear !eapons 3hile this is an e8tremely alarming prospect, and the continuing tensions between ussia and the)nited &tates are worrying, it is also important to understand the historical conte8t of this conflict 3hile no0one wants to believe

that either side is capable of utili@ing nuclear weapons, as Kalue3al as reported previously, this in fact cameincredibly close to occurring during the Cuban 9issile Crisis's the two big beasts in worldgeopolitics continue to saber rattle, one can only hope that ultimately a peaceful solution is sort to these inevitable tensions 7n theiconic .< publication $The Grand Chessboard+ 'merican rimacy and 7ts Geostrategic 7mperatives*, Rbigniew Br@e@insi outlineda shifting in the world order and power base which is unfolding before our very eyes now 'lthough Br@e@insi is, not unreasonably,a reviled figure to many, it is notable that he didn>t predict that it would end with armed conflict between ussia, China, the )nited&tates and the 3estern world 3ith both power blocs continuing to behave with intransigence, one can only hope that this verdictturns out to be accurate

The impact is e$tinction

,armer and 'radsha! 6568 Defense Correspondent at The Daily Telegraph, citing General&ir 'drian Bradshaw, Deputy Commander of %'T4 :orces in Europe, and former Director of British&pecial :orces, and 9ichael :allon, British &ecretary of &tate for Defence ($%'T4 general+ ussiatensions could escalate into all0out war,* Business 7nsider, -0-#0-#.F,http+!!wwwbusinessinsidercom!nato0general0russia0tensions0could0escalate0to0war0-#.F0-1!!twemchen

Tensions with ussia could blow up into all-out conflict , posing $an e$istentialthreat to our whole being*, Britains top general in %ato has warned Gen &ir 'drian Bradshaw,deputy commander of %ato forces in Europe, saidthere was a danger Kladimir utin could try to usehis armies to invade and sei@e %ato territory, after calculating the alliance would be tooafraid of escalating violence to respond is comments follow a clash between ?ondon and 9oscow after theDefence &ecretary, 9ichael :allon, said there was a 6real and present danger6 9r utin
http://www.businessinsider.com/nato-general-russia-tensions-could-escalate-to-war-2015-2http://www.businessinsider.com/nato-general-russia-tensions-could-escalate-to-war-2015-2http://www.businessinsider.com/nato-general-russia-tensions-could-escalate-to-war-2015-2http://www.businessinsider.com/nato-general-russia-tensions-could-escalate-to-war-2015-2


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could try to destabili@e the Baltic states with a campaign of subversion and irregularwarfare The ;remlin called those comments $absolutely unacceptable6 &ir 'drian told the oyal )nited &ervices 7nstitute there was a dangersuch a campaign of undercover attacs could paraly@e %ato decision maing, as members disagreed overhow much ussia was responsible, and how to respond %ato commanders fear a campaign of silfullydisguised, irregular military action by ussia, which is carefully designed not to trigger the

alliance>s mutual defence pact e said the 6resulting ambiguity6 would mae 6collectivedecisions relating to the appropriate responses more difficult6 But &ir 'drian, one of themost senior generals in the British 'rmy and a former director of special forces , went furtherand said there was also danger that ussia could use conventional forces and &oviet0erabrinmanship to sei@e %ato territory e said ussia had shown last year it could generatelarge conventional forces at short notice for snap e8ercises along its borders There wasa danger these could be used $not only for intimidation and coercion but potentially tosei@e %ato territory, after which the threat of escalation might be used to prevent re0establishment of territorial integrity This use of so called escalation dominance was ofcourse a classic &oviet techniAue* e went on to say that $the threat from ussia, together with the

ris it brings of a miscalculation resulting in a strategic conflict , however unlielywe see it as being right now, represents an e$istential threat to our whole being* %ato hasagreed to set up a rapid reaction force of around F,### troops ready to move at H5 hours notice, in case ofussian aggression in Eastern Europe &upplies, eAuipment and ammunition will be stocpiled in bases in the region'lliance leaders hope the force will deter any incursion David Cameron warned Kladimir utin there will bemore sanctions and 6more conseAuences6 for ussia if the ceasefire in )raine does not hold The rime 9inister vowed that the 3est would be6staunch6 in its response to ussia and was prepared to maintain pressure on 9oscow 6for the long term6 e re/ected the findings of a scathingparliamentary committee report that the ); found itself 6sleep0waling6 into the crisis over )raine The E) Committee of the ouse of ?ords found

there had been a 6catastrophic misreading6 of mood by European diplomats in the run0up to the crisis Earlier this wee, 9r :allon saidthe ussian president might try to test ato"s resolve with the same ;remlin0bacedsubversion used in Crimea and eastern )raine ' mury campaign of infiltration,propaganda, undercover forces and cyber attac such as that used in the early stages ofthe )raine conflict could be used to inflame ethnic tensions in Estonia, ?ithuania or?atvia, he said The military alliance must be prepared to repel ussian aggression$whatever form it taes*, 9r :allon said, as he warned that tensions between the two were $warming up* is comments weredismissed in 9oscow ussia>s :oreign 9inistry spoesman said the country does not pose a threat to Baltic countries and accused 9r :allon of going

beyond $diplomatic ethics* 'le8ander ?uashevich said+ 6is absolutely unacceptable characteristics of the ussian :ederation remind me of lastyear>s speech of )& president Barac 4bama before the )% general assembly, in which he mentioned ussia among the three most serious challengeshis country was facing* 67 believe we will find a way to react to 9r &ecretary>s statements6


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Scenario 63 TT0PThe recent passage of TPA ma#es domestic passage of a transatlantic tradeagreement li#el% resolving international differences is #e%9eath and Palmer :54= staff writers S olitico (yan eath and Doug almer, 5!!.F, $9ereloptimistic on TT7 deal,* http+!!wwwpoliticoeu!article!merel0optimistic0on0tpa0approval0ttip0deal!1!!twemchen

E?9'), GE9'%2 P German Chancellor 'ngela 9erel e8pressed optimism 9onday that Congresswouldsoon approve trade promotion authorit% , whichshe said!ould set the stage

for the conclusion of transatlantic trade tal#s by the end of the year $3e were pleased thepresident will get the fast0trac,* 9erel said at the Group of &even leading economies meeting in Germany $Thegood news is that after/ust a few wees it will be time to focus completel% on the E)agreementwith the )nited &tates* ouse epublican leaders are pushing for a vote this wee onthe $fast trac* trade promotion authority bill, whichwould allow 4bama to submit theproposed Trans0acificartnership and Transatlantic Trade and 7nvestment artnership agreementsto Congress for straightup0or0down votes without amendment 9erels commentseemed to reflect 3hite ouse confidencethe% !ould !in the vote* despite the opposition of most ouse Democrats The German

leader said both sides acnowledged there were difficult issues left in the TT7tals,butalso $said thatb%

the end of the %ear !e !ant to come to a successful agreement ,* she said

The stic#ing point in TT0P negotiations is US embass% tapping resolvingthat issue is #e% to getting Europe to return to the bargaining table;lana 1(= 9onitor>s European Bureau Chief based in aris, masters in /ournalism from Columbia)niversity, B' in history from the )niversity of 9ichigan (&ara 9iller, $as %&' spying put )&0E) tradedeal on the rocsO evelations of broad )& surveillance of E) offices, particularly in Germany, haveangered Europe,* Christian &cience 9onitor,

evelations that the )nited &tates has systematically spied on Europe are threateningwhat is being billed as a pivotal moment forthe transatlantic relationship+ the start of negotiationsne8t weefor a ma/or trade deal The latest disclosuresfromEdward &nowden, the former %ational &ecurity 'gency (%&'1contractor, came in a reportover the weeend in the German daily Der &piegel, alleging that the %&' buggedEuropean )nion officesand that half a billion phone calls, e0mails, and te8t messages from Germany alone are tapped bythe )& in an average month = far surpassing the average attention given to other European allies 7n fact, Germany is spiedon /ust as often as China or 7raA, the paper claims 7f the e8tent of )& surveillance in the world is notsurprising to some, itsstill controversial in Europe, especially in countries lie Germany thatplace a high priority on data privacy But the timing of the revelations, as negotiations

for theTransatlantic Trade and 7nvestment artnership (TT71 are set to beginJuly 5, has created afirestorm, says Johannes Thimm, an e8pert on )& foreign policy at the German 7nstitutefor 7nternational and &ecurity 'ffairs in Berlin $There are economic interests involved on both sides, andwhile the LTT7N is generally in the spirit of cooperation, there are some trade0offs andreally hard negotiations ahead,* Dr Thimm says 'merican ability to access that communication as it is playing out,he says, gives the )& $a huge strategic advantage6 The &panish daily El ais Auoted a slew of E) officials voicing their outrage The

European commissioner for /ustice and fundamental rights, Kiviane eding, saidplainly+ 6artners do not spy on each other ,6 she said 63e cannot negotiateover a big transatlantic
http://www.csmonitor.com/World/terrorism-security/2013/0701/Has-NSA-spying-put-US-EU-trade-deal-on-the-rockshttp://www.csmonitor.com/World/terrorism-security/2013/0701/Has-NSA-spying-put-US-EU-trade-deal-on-the-rockshttp://www.csmonitor.com/World/terrorism-security/2013/0701/Has-NSA-spying-put-US-EU-trade-deal-on-the-rockshttp://www.csmonitor.com/World/terrorism-security/2013/0701/Has-NSA-spying-put-US-EU-trade-deal-on-the-rocks


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maret if there is the slightest doubt that our partners are carrying out spyingactivitiesonthe offices of our negotiators* The European arliament>s foreign affairs committee head, ElmarBro, reiterated thatview 6The spying has taen on dimensions that 7 would never have thought possible from ademocratic state,6 he told Der &piegel 6ow should we still negotiate if we must fear that ournegotiating position is being listened to beforehandO6 The anger has generated not only

threats that the TT7 is at ris, but that a cloud looms over the entire transatlanticrelationship Germany Justice 9inister &abine ?eutheusser0&chnarrenberger said the fact that $our friends in the )& seeEuropeans as enemies e8ceeds the imaginable* The president of the European arliament, 9artin &chul@, said that $if this istrue, its an immense scandal that could have a severe impact on relations between theE) and the )&*

TT0P is #e% to AT< cohesionPoe 1)= Chairman of the Terrorism, %onproliferation, and Trade &ubcommittee (Chairman oe,"!.

'nd yet, there are Auestions of trust and commitment across the 'tlantic these days %'T4 isperceivedin some Auarters to bea bit!obbl% TT7 would be the other side of the coinof our commitment to Europe through our 00 our military alliance 'nd 7 thin, particularly,given the issues facing European securitythese days, this is avital reassurance of )&commitmentto Europe 7talsowould reassure 'mericanswho wonder about the European )nion and whetherit>s inward or outward looing that the E) would be a very strong outward looing partner, because TT7 wouldessentiallyma#e that case The second area is how both of us together relate to rising powers 'nd Dr Green mentioned a few ofthose elements But 7 thin one has to thin about this Those rising powers are each having debates of how they relate to theinternational system Do they challenge itO Do they accommodate themselves to itO 'nd the message we have to those countries asthey have those debates is actually Auite important 7n recent years, we>ve had different messages, or muddled messages European

message, 'merican message 00 we don>t have a message &o, TT7 is a single strong message about a

robust revitali=ed >est , not defensive, but also not aggressive 'bout upholding standards, noteroding them 'nd it has an impact on each of the countries that we could discuss

E$tinction'r=e=ins#i ?(Rbigniew, former )& %ational &ecurity 'dviser, $'n 'genda for %'T4*, :oreign 'ffairs,4ctober -##, ebsco1!!twemchen

%'T4>s potential is not primarily military 'lthough %'T4is a collective0security alliance, its actual military power comespredominantly from the )nited &tates, and thatreality is not li#el% to change anytime soon %'T4>srealpower derives from the fact that it combines the )nited &tates> military capabilities and economic powerwithEurope>s collective political and economic weight (and occasionally some limited European military forces1 Together, thatcombination maes %'T4 globall% significant 7t musttherefore remain sensitive to theimportance of

safeguarding the geopolitical bondbetween the )nited &tates and Europe as it addresses ne! tas#s The basicchallenge that%'T4now confronts is that there are historically unprecedented ris#s to globalsecurit% Today>s world is threatened neither by the militant fanaticism of a territorially rapacious nationalist state nor by the

coercive aspiration of a globally pretentious ideology embraced by an e8pansive imperial power The parado8 of our time is that theworld, increasingly connected and economically interdependent for the first time in its entire history, is e8periencingintensifying popular unrest madeall the more menacing by thegrowing accessibilit% of!eapons of massdestruction00not /ust to states but also, potentially, to e8tremist religious and political movements 2et there is no effectiveglobal security mechanism for coping with the growing threat of violent political chaosstemming fromhumanity>s recent political awaening The three great political contests of the twentieth century (the two world wars and the Cold


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3ar1 accelerated the political awaening of manind, which was initially unleashed in Europe by the :rench evolution 3ithin acentury of that revolution, spontaneous populist political activism had spread from Europe to East 'sia 4n their return home after3orld 3ars 7 and 77, the &outh 'sians and the %orth 'fricans who had been conscripted by the British and :rench imperial armiespropagated a new awareness of anticolonial nationalist and religious political identity among hitherto passive and pliantpopulations The spread of literacy during the twentieth century and the wide0ranging impact of radio, television, and the 7nternetaccelerated and intensified this mass global political awaening 7n its early stages, such new political awareness tends to bee8pressed as a fanatical embrace of the most e8treme ethnic or fundamentalist religious passions, with beliefs and resentments

universali@ed in 9anichaean categories )nfortunately, in significant parts of the developing world,bitter memories ofEuropean colonialism and of more recent )& intrusion have given such newly aroused passions adistinctively anti03estern cast Today, the most acute e8ample of this phenomenon is found in an area that stretches fromEgypt to 7ndia This area, inhabited by more than F## million politically and religiously aroused peoples, is where %'T4 isbecoming more deeply embroiled 'dditionally complicating is the fact that the dramatic rise of China and 7ndia and the Auicrecovery of Japan within the last F# years have signaled that the global center of political and economic gravity is shifting away from

the %orth 'tlantic toward 'sia and the acific'nd of the currently leading global powers00the )nited &tates, the E),China, Japan, ussia, and 7ndia00at least two, or perhaps even three, are revisionist in their orientation 3hether they are 6risingpeacefully6 (a self0confident China1, truculently (an imperially nostalgic ussia1 or boastfully (an assertive 7ndia, despite its internalmultiethnic and religious vulnerabilities1, they all desire a change in the global pecing order The future conduct of and relationship

among these three still relatively cautious revisionist powers will further intensify the strategic uncertaintyKisible on thehori@onbut not as powerful are theemerging regional rebels, with some of them defiantly reaching for nuclear!eapons orth @orea hasopenly flouted the international community by producing (apparently successfully1 its ownnuclear weapons00and also by profiting from their dissemination 't some point, its unpredictability could precipitate

the first use of nuclear !eapons in anger since .HF 7ran, in contrast, has proclaimed that its nuclear program isentirely for peaceful purposes but so far has been unwilling to consider consensual arrangements with the international communitythat would provide credible assurances regarding these intentions 7n nuclear0armed aistan, an e8tremist anti03estern religiousmovement is threatening the country>s political stability These changes together reflect the waning of the post03orld 3ar 77 global

hierarchy and the simultaneous dispersal of global power )nfortunately, )& leadershipin recent years unintentionally, butmost unwisely, contributed to thecurrently threatening state of affairs The combination of3ashington>s arrogantunilateralismin 7raA and its demagogic 7slamophobic sloganeering!ea#ened the unit% of AT< and focusedaroused 9uslim resentments on the )nited &tates and the 3est more generally


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Scenario (3 ,ranceSp%ing scandals revealed less than a !ee# ago have dealt persistent andlasting damage to US-,rance relationsRose 456+ (9ichael is a correspondent at euters aris,$:rance>s ollande says )& spyingunacceptable*, -#.F, http+!!wwwreuterscom!article!-#.F!#!-H!france0wiileas0id)&?5%#R'..T-#.F#-H1!!cc

:rench resident :rancois ollandeon 3ednesdaybranded as 6unacceptable6 reported spying by the)nited &tates on :rench senior officials and warned aris would not tolerate actionsthat threaten its security ollande released the statement after an emergency meetingof ministers and army commanderson 3ednesday, following 3ii?eas revelations that the )nited &tates%ational &ecurity 'gency (%&'1 had spied on the last three :rench presidents 6:rance will not tolerate actionsthat threaten its security and the protection of its interests,6 the president>s office said, adding thespying allegations on :rench interests had been revealed in the past 6Commitments were made by the )&authorities They need to be recalled and strictly respected6 The :rench :oreign9inistry summoned the )& ambassador to discuss the matter, a :rench diplomatic source said Therevelations were first reported in :rench daily ?iberation and on news website 9ediapart, which said the %&' spied on presidentsJacAues Chirac, %icolas &aro@y and :rancois ollande during the period of at least -## until 9ay -#.- ollande is due to meet

members of parliament at his Elysee alace offices later on 3ednesday 63e find it hard to understand orimagine what motivates an ally to spy on allies who are often on the same strategicpositions in world affairs,6 :rench government spoesman &tephane ?e :oll told iUTE?E television )& media cited astatement from the )& %ational &ecurity Council saying it was not targeting and will not target ollande>s communications Thestatement did not deny spying had taen place in the past Claude Gueant, &aro@y>s former chief of staff and one of the reported

targets of the %&', told T? radio+ 6Considering the very close relationship we have with the )nited&tates, considering the fact we are e8tremely loyal allies, 7 feel lie trust has beenbroen6 6These are scary revelations which reAuire e8planations from the )nited &tatesand guarantees that it won>t happen again,6aris 9ayor 'nne idalgo said on :rance - television'ngry

and embarrassed, :rance summoned the )& ambassador3ednesday to respond to therevelations by 3ii?eas that the)& %ational &ecurity'gency eavesdropped on threesuccessive :rench presidents and other top officials

This has resulted in an atmosphere of distrust even if it doesn"t inflict

lasting damage* this chills cooperation over the &iddle EastChina ail% 456)= China Daily European Edition (China Daily European Edition, !-F!.F, $3hatsafter 3ii?eas revelations of %&' spying on arisO* ?e8is1!!twemchen

:acing the %ational 'ssembly, :rench rime 9inister9anuel Kalls ased the )nited &tates to repair the

damage that the tapping has caused 6The )& must recogni@enot only the dangerssuch actions

pose to our liberties, but also do everything, and uic#l%, to repair the damage it causes totherelations betweenallied countries and between ,rance and the United States ,6 Kalls said 3ednesday

6Thereported spying createsa discomfort, because there is a breach of trust But, it isabsolutelyimportant andvital for both countriesto maintain their partnership, giventhat there are manysensitive issues such as U#raine, LandN operations in 0rawhich remained unsolved,6 )lysseGosset, /ournalist speciali@ed in foreign politics told news channel B:9TK To Edwy lenel, :rench political /ournalist and editor0in0

chief of news website 9ediapart, which reported 3ii?eas revelations, it is 6areal problem of lo%alt% in

international relations between allies6 :rench :oreign 9inister ?aurent :abius summoned )& ambassador Jane


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artley for an e8planation on 6Espionage Elysee6 of 3ii?eas )rging a strong answer to)nited &tates> spyingonaris, critics from the right and left wing parties called for retaliation But, according to the ruling&ocialists, a diplomatic spat is not in the air 67n the face of threats that we face and given the historic ties lining us,we have

to #eep a perspective 3e>re not going to brea diplomatic ties,6 said &tephane ?e :oll, the government>s spoesmanafter a weely cabinet meeting

US-,rance cooperation is critical to prevent a complete 0ra collapse>right and Richburg )= staff writers at 3ashington ost (obin 3right and ;eith ichburg, -!!F,$ice eaches 4ut to EuropeQ aris &peech )rges >%ew Chapter> in )& 'lliance,* 3ash ost,?e8is1!!twemchen

The spoesman, who under :rench rules speas anonymously, said Chirac 6confirmed that :rance shares the resolveto support the political processthat got underwaywith the elections6 in 7raA 6andto promote thatcountry>s integrit% and stabilit%6 &ome students in the audience cast doubt on whether ice would changeattitudes among a :rench public that still largely distrusts )& foreign policy aims 6There was nothing new in it for me,6 said 9arieeynard, -., an international relations student 6Going to impose democracy overseas is not something we are for 7>m afraid'merica is going to go into 7ran 00 and that>s not something :rance is going to accept6 ice>s words suggested that the )nited &tateswas abandoning Defense &ecretary Donald umsfeld>s idea of an 6old6 and 6new6 Europe 00 countries with long0standing ties that

opposed the 7raA war, such as :rance and Germany, and other countries, including former communist nations to the east, thatsupported it 's Bush>s national security adviser, ice reportedly called for a policy in early -##" to 6forgive ussia, ignore Germanyand punish :rance6 after those three countries bloced a )% resolution allowing the use of force against 7raA 3ithout mentioning7raA specifically, ice acnowledged that the )nited &tates and unnamed European countries have had serious disagreements But

she said a ne! spirit of cooperation is particularl% crucial no!because the 6fair wind of freedomis at our bac6 &he made no mention of other issues that continue to divide the two sides, such as the ;yoto rotocol on globalwarming, a strategy for dealing with 7ran>s nuclear program and use of the 7nternational Criminal Court, a world body aimed atbringing war criminals to /ustice eflecting Bush>s inaugural speech, the theme of ice>s address was freedom, the common historyof Europe and 'merica in creating modern democracy, and their goal of fostering freedom 00 a word she used more than two do@entimes in her half0hour speech and several more times in answers to Auestions from the audience &ome people in the audience saidthey heard only generalities, without specifics for how to overcome continuing differences 67t was strange because the basic line,apart from freedom and liberty, was let>s let bygones be bygones,6 said :rancois eisbourg, a military and defense e8pert who hadbeen invited to meet ice at a small gathering 3ednesday morning 6Being against freedom and liberty is lie being against

motherhood and apple pie6 eisbourg added+ 67 was rather disappointed 7 wasn>t getting what 7 was led to e8pect6 4fficial

:rance, however, had only praise 't the news conference, Barnier made repeated references to )&0:renchcooperation e noted that :rance is the second0largest foreign investor in the )nited &tates and cited recent cooperationbetween the two governments on aiti, the Balans and the war on terrorism, despite their differences on 7raA Barnier said the)nited &tates and :rance now need to 6tal# to each other, and listen to each othermore 6 to deal with current challenges /The !orld !or#s better !hen America

and Europe !or# together ,6 he said

0ra collapse ris#s nuclear !arCorsi 7(Jerome, hD in olitical &cience = arvard )niversity, &taff eporter = 3orld %et Daily, $3ar

with 7ran is imminent*, .05, http+!!wwwworldnetdailycom!news!articleaspO'T7C?EI7DVF"1!!twemchen

7f a broader war breas out in 7raA, 4lmert will certainly face pressure to send the 7srael military into the Ga@a after amasand into ?ebanon after e@bollah 7f that happens, it will only be a matter of time before 7srael and the )& have nochoice but to invade &yria The 7raAwar could Auicly spin into a regional war , with 7srael waitingon thesidelines ready to launch an air and missile strie on 7ran that could includetactical nuclear weapons 3ith ussiaready to deliver the W. billion T4 90. surface0to0air missile defense system to 7ran, military leaders are unwilling to wait too long

to attac 7ran %ow that ussia and China have invited 7ran to /oin their &hanghai Cooperation act,will ussia and China sitby idlyshould the )& loo lie we are winning a wider regional war in the 9iddle EastO 7f we get more deeply involvedin


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7raA, China mayhave their moment to go after Taiwanonce and for allAbroader regional !ar could easil%lead into a third !orld !ar , much as 3orld 3ars 7 and 77 began

&ore broadl%* a &iddle East collapse !ould ris# e$tinctionPrima#ov ?(2evgeny, resident of the Chamber of Commerce and 7ndustry = ussian :ederation,9ember = ussian 'cademy of &cience, $The 9iddle East roblem in the Conte8t of 7nternational

elations*, ussia in Global 'ffairs, ", July!&eptember,http+!!engglobalaffairsru!number!nI."F"1!!twemchen

The 9iddle East conflict is unparalleled in terms of its potential for spreading globally During the Cold 3ar, amidwhich the 'rab07sraeli conflict evolved, the two opposing superpowers directly supported the conflicting parties+ the &oviet )nion supported 'rab countries, while the )nited&tates supported 7srael 4n the one hand, the bipolar world order which e8isted at that time ob/ectively played in favor of the escalation of the 9iddle East conflict into a globalconfrontation 4n the other hand, the &oviet )nion and the )nited &tates were not interested in such developments and they managed to eep the situation under control The

behavior of both superpowers in the course of all the wars in the 9iddle East proves that 7n .F, during the 'nglo0:rench07sraeli military invasion of Egypt (which followedCairos decision to nationali@e the &ue@ Canal Company1 the )nited &tates = contrary to the widespread belief in various countries, including ussia = not only refrained fromsupporting its allies but insistently pressed = along with the &oviet )nion = for the cessation of the armed action 3ashington feared that the tripartite aggression wouldundermine the positions of the 3est in the 'rab world and would result in a direct clash with the &oviet )nion :ears that hostilities in the 9iddle East might acAuire a globaldimension could materiali@e also during the &i80Day 3ar of .


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0nherenc%


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surveillance no!

SA surveillance of (: embassies and mission triggers international

bac#lash

&acAs#ill and 'orger 1((Ewen is the Guardians defense and intelligence correspondent,previously the DC bureau chief and diplomatic editor and Julian is the Guardians diplomatic editor andauthor of The Butchers Trail, !"#, $%ew %&' leas show how )& is bugging its European allies*,http+!!wwwtheguardiancom!world!-#."!/un!"#!nsa0leas0us0bugging0european0allies1!!cc

)& intelligence services are spying on the European )nion mission in %ew 2or and itsembassy in 3ashington, according to the latest top secret )& %ational &ecurity'gencydocuments leaed by the whistleblower Edward &nowden4ne document lists "5 embassies andmissions, describing them as 6targets6 7t details an e8traordinary range of spyingmethods used against each target, from bugs implanted in electronic communicationsgear to taps into cables to the collection of transmissions with specialised antennae

'long with traditional ideological adversaries and sensitive 9iddle Eastern countries,the list of targets includes the E) missions and the :rench, 7talian and Gree embassies,as well as a number of other 'merican allies, including Japan, 9e8ico, &outh ;orea, 7ndia and TureyThe list in the &eptember -#.# document does not mention the );, Germany or other western European states 4ne of thebugging methodsmentioned is codenamed Dropmire,which, according to a -##< document, is 6implanted onthe Cryptofa8 at the E) embassy, DC6 = an apparent reference to a bug placed in a commercially availableencrypted fa8 machine used at the mission The %&' documents note the machine is used to send cables bacto foreign affairs ministries in European capitals The documents suggest the aim of the bugginge8ercise against the E) embassy in central 3ashington is to gather inside nowledge ofpolicy disagreements on global issues and other rifts between member states The newrevelations come at a time when there is already considerable anger across the E) over earlier

evidence provided by &nowdenof %&' eavesdropping on 'merica>s European allies Germany>s /ustice minister,&abine ?eutheusser0&chnarrenberger, demanded an e8planation from 3ashington, saying that if confirmed, )& behaviour6was reminiscent of the actions of enemies during the cold war6 The German maga@ine Der &piegelreported at the weeend that some of the bugging operations in Brussels targeting the E)>s Justus ?ipsius building = a venue forsummit and ministerial meetings in the Belgian capital = were directed from within %ato headAuarters nearby The )& intelligenceservice codename for the bugging operation targeting the E) mission at the )nited %ations is 6erdido6 'mong the documentsleaed by &nowden is a floor plan of the mission in midtown 9anhattan The methods used against the mission include thecollection of data transmitted by implants, or bugs, placed inside electronic devices, and another covert operation that appears to

provide a copy of everything on a targeted computer>s hard drive The eavesdropping on the E) delegation tothe )&, on ; &treet in 3ashington, involved three different operations targeted on theembassy>s # staff Two were electronic implants and one involved the use of antennasto collect transmissions 'lthough the latest documents are part of an %&' haul leaed by &nowden, it is not clear ineach case whether the surveillance was being e8clusively done by the %&' = which is most probable as the embassies and missionsare technically overseas = or by the :B7 or the C7', or a combination of them The -#.# document describes theoperation as 6close access domestic collection6
http://www.theguardian.com/world/2013/jun/30/nsa-leaks-us-bugging-european-allieshttp://www.theguardian.com/world/2013/jun/30/nsa-leaks-us-bugging-european-allies


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Solvenc%


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BBBforeign intel infoD mechanism


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solvenc% advocatesSolvenc% advocateo2eim 1+ Director, ro/ect on :reedom, &ecurity Technology at the Center for Democracy Technology(Greg, $C499E%T& T4 TE 7K'C2 '%D C7K7? ?7BET7E& 4KE&7GT B4'DEG'D7%G E:49& T4 &)KE7??'%CE C4%D)CTED )&)'%T T4 &ECT74%


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reasonably believed to be abroad Effectively, Congress borrowed the broad purpose for :7&' intelligencesurveillance (collect $foreign intelligence information*1 and applied it to surveillance abroad without limiting the class of potential

targets to $agents of a foreign power* This has prompted concern globally that surveillance under&ection


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hurts relations laundr% list

Embass% surveillance is perceived as giving the U.S. an unfair advantageRT 1+('utonomous %onprofit 4rgani@ation $TK0%ovosti* $%&' spying on foreign embassies helped )&

>develop> strategy* ." 9ay -#.H http+!!rtcom!usa!.F5#50nsa0greenwald0un0snowden1!!JuneC!!The %ational &ecurity 'gency in -#.# provided the )& ambassador to the )nited %ations with bacground information on several

governments and their embassies that were undecided on the Auestion of 7ranian sanctions 7n 9ay -#.#, as the )%&ecurity Council was attempting to win support for sanctions against 7ran over its nuclear0energyprogram, which some say is a front for a nuclear weapons program, several members were undecided asto how they would vote 't this point, the )& ambassador to the world body, &usan ice, ased the %&'for assistance in her efforts to $develop a strategy,* leaed %&' documents reveal The %&' swung intoaction, aiming their powerful surveillance apparatus at the personal communications of diplomats fromfour non0permanent &ecurity Council members P Bosnia, Gabon, %igeria and )ganda This gave ice anapparent upper0hand in the course of the negotiations 7n June, .- of the .F0member &ecurity Council voted in favor ofnew sanctions ?ater, ice e8tended her gratitude to the )& spy agency, saying its surveillance had helpedher to now when diplomats from the other permanent representatives P China, England, :rance and

ussia P $were telling the truth revealed their real position on sanctions gave us an upper hand innegotiations and provided information on various countries red lines*The information comes from a newboo by /ournalist Glenn Greenwald, %o lace to ide+ Edward &nowden, the %&', and the )& &urveillance &tate, the %ew 2orTimes reported ices reAuest for assistance was discovered in an internal report by the security agencys &pecial &ource 4perationsdivision, which cooperates with )& telecommunications companies in the event a reAuest for information is deemed necessaryGreenwalds boo goes on sale Tuesday The boo also provides a list of embassies around the world that had been infiltrated by the)& spy agency, including those of Bra@il, Bulgaria, Colombia, the European )nion, :rance, Georgia, Greece, 7ndia, 7taly, Japan,9e8ico, &lovaia, &outh 'frica, &outh ;orea, Taiwan, Kene@uela and Kietnam )nited &tates Kice resident Joe Biden (1 sits with)% &ecretary General Ban ;i0moon (?1 as )& 'mbassador to the )% &usan ice stands (C1 before the start of the )nited %ations&ecurity Council igh0?evel 9eeting on 7raA at )% headAuarters in %ew 2or, December .F, -#.# (euters1)nited &tates Kiceresident Joe Biden (1 sits with )% &ecretary General Ban ;i0moon (?1 as )& 'mbassador to the )% &usan ice stands (C1before the start of the )nited %ations &ecurity Council igh0?evel 9eeting on 7raA at )% headAuarters in %ew 2or, December .F,-#.# (euters1 %ews of the %&'s vast surveillance networ, which targets friends and enemies of the )nited &tates witheAuanimity, were revealed in June when former %&' contractor Edward &nowden provided Greenwald with thousands of files onthe program Despite promises by resident 4bama for greater safeguards on the invasive system, which has infuriated peoplearound the world, the %&' seems determined not to let international public opinion bloc its spying efforts $3hile our intelligenceagencies will continue to gather information about the intentions of governments P as opposed to ordinary citi@ens P around theworld, in the same way that the intelligence services of every other nation do, we will not apologi@e because our services may be

more effective,* according to a 3hite ouse statement The latest revelations detailing how the %&' gives 'mericandiplomats an unfair advantage raises the Auestion as to how such orders passed legal muster in the firstplace'ccording to the documents, a legal team went to wor on 9ay -- building the case to electronically eavesdrop on diplomatsand envoys from Bosnia, Gabon, %igeria and )ganda whose embassies were apparently not yet covered by the %&' ' /udge from

the :oreign 7ntelligence &urveillance Court approved the reAuest on 9ay - The 4bama administration has faced fiercecriticism following revelations of the global surveillance program, which was used not simply to identifypotential terrorists, but to eavesdrop on the communications of world leaders :ollowing revelations thatGerman Chancellor 'ngela 9erels private cell phone communications were being haced by the %&', Germany pushed for a no0

spy agreement with the )nited &tates to restore the trust The 4bama administration, however, re/ected the offer %ow Europehas announced plans to construct a new 7nternet networ that bypasses the )nited &tates and the %&', amove the )& Trade epresentative labeled $draconian*

Undercuts legitimac% embass% surveillance is perceived as distinct fromnational securit%Council of Europe 1)(Council of Europe Committee on ?egal 'ffairs and uman ights $9ass&urveillance* - January -#.F https+!!ccdcoeorg!sites!default!files!documents!CoE0.F#.-09ass&urveillancepdf1!!JuneC!!


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The %ew 2or Times revealed that the %&' monitored an 'merican law firm representing a foreign government in trade disputesagainst the )nited &tatesF" as well as other countries preparations for the Copenhagen Climate &ummit, including those by the host

country, DenmarFH The %&' also engaged in targeted surveillance of the )nited %ations, the European)nion, and other international organi@ations in a variety of ways, including bugging embassy phones andfa8es, copying hard diss, and tapping into the internal computer cable networ used by collaborators FFTo cite a few e8amples out of the many that were revealed, the %&' used operation Blacfoot to gatherdata from :rench diplomats offices at the %ew 2or )% headAuartersF 4peration erdido targeted theE)s offices in %ew 2or and 3ashington, while owell was a codename for the %&'s scheme toeavesdrop on the Gree )% offices in %ew 2or The %&'s internal document indicated that its spyinghad a ey influence on $'merican negotiating tactics at the )%* in connection with the 7raA 3arThans tothe intercepted conversations, the %&' was allegedly able to inform the )& &tate Department and the 'merican 'mbassador to the)% with a high degree of certainty that the reAuired ma/ority had been secured before the vote was held on the corresponding )%

resolutionF


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BBBsafe harbor stuff


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681) #e%5data locali=ation impact

681) is #e%0nside U.S. Trade 1)= (7)&T, .!!.F, $E) C4)T 4: J)&T7CE C'&E C4)?D &)BJECT >&':E

'B4> T4 GE'TE &C)T7%2,* 7nside )& Trade ""., roXuest1!!twemchen'mid lagging )&0European )nion tals to strengthenprivacy protections under the 6&afe arbor6agreement, the highest court in the E)is e8pected to tae up a case ne$t %ear that could openthe door for member state authorities to determine for themselves whether the framewor reallydoes enough to guard E) citi@ens> data The case now pending before the European Court of Justice raises the Auestion of whethermember state data protection authorities should be able to 6loo behind6 the European Commission>s -### decision with regard to&afe arbor, which found that the framewor provides adeAuate protections )nlie the )& &upreme Court, the Court of Justice isbound to tae up every admissible case brought before it The court does not follow a fi8ed timetable, but gauging by how long such

cases generally tae, a /udgment willprobably come at the end of 681) or perhaps not until the beginning of-#. 7fthe court determines that E) member statesdo have the authority tomore thoroughly scrutini@e&afe arbor, that could result in a scenario where certain states recogni@eit and others do not,

e8actly the ind of 0nternet bal#ani=ation thatbusiness proponents fear 6This viewwould put additional pressure on both the European Commission and the Department of Commerce to show that &afe arborprovides the right safeguards for personal information,6 Eduardo )staran said, a partner at ogan ?ovells 7nternational>s privacy

practice in ?ondon The two sides arenow stalled over E) demands that the )& limit the e8tentto which theframewor>s national securit% e$ception can be invo#ed (7nside )& Trade, June.", -#.H1 The case stems from a suit against the 7rish data protection commissioner by 'ustrian post0graduate law student9a8imilian &chrems for allowing :aceboo 7reland to transfer E) citi@ens> data bac to )nited &tates, despite what &chremsconsidered clear evidence 00 attributed mainly to the revelations by )& %ational &ecurity 'gency (%&'1 whistleblower Edward&nowden 00 that there was no adeAuate data protection there as reAuired by E) law The 7rish igh Court, which heard the case,ruled that the 7rish data protection commissioner had acted correctly under the law when he threw out &chrems> complaints because:aceboo was a &afe arbor participant Because the European Commission 00 which had /urisdiction 00 had determined that &afearbor does provide adeAuate data protection, the 7rish commissioner concluded that it was not within his power to re0evaluate thatdecision e also noted that &chrems could not prove that any of his information was actually accessed by )& authorities But whileacnowledging the legal reasoning behind the data protection commissioner>s conclusion, the igh Court Justice indicated doubts

that this was really the right approach 6The &nowden revelations demonstrate 00 almost beyond peradventure 00 that the )&security services can routinely access the personal data of European citi@ens which has been so transferred to the )nited &tates and,in these circumstances, one may fairly Auestion whether )& law and practice in relation to data protection and &tate securityprovides for meaningful or effective /udicial or legal control,6 Justice Gerard ogan wrote 67t is true that 9r &chrems cannot showany evidence that his data has been accessed in this fashion, but this is not really the gist of the ob/ection,6 he added &pecifically,

&chrems contended the &nowden>s revelations about %&'>s 7&9program gatheringvast amounts ofpersonal datafrom companies lie :aceboo, Google and 'pple for use by intelligence agencies 6demonstratedthere was no meaningful protection in )& law or practice in respect of data so transferredsofar as &tate surveillance was concerned,6 according to the igh Court decision )nder the E)>s .F Data rotection Directive, E)citi@ens>personal data is only permitted to be transferredto another /urisdiction ifthat third country/urisdiction providesan /adeuate/ level of privac% protection Due to numerous

factors 00 includingthe fact that the )& does not have a comprehensive dataprotection la! or central enforcement authorit%00 the )& is not seen as

adeuateby the E) The e8ception to that is &afe arbor, which the E) adopted in -### following years of negotiations withthe Department of Commerce The decision determined that by complying with &afe arbor, voluntary compliance of )& firmswith E) data protection laws could provide adeAuate data privacy protection 9ore than ",### firms use the framewor across avariety of sectors, although only those under the oversight of the )& :ederal Trade Commission (:TC1 can participate :inancialservices firms, for e8ample, cannot use &afe arbor and must use other legal arrangements if they want to transfer E) citi@ens> data

abroad The court case adds a ne! !rin#le to a complicated situation in the E), where thenew European Commission seems hardly any closer to tacling the core criticism by privacy advocates and E) lawmaers that the


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framewor is a leay sieve for E) citi@ens> personal data more than a year and a half after the &nowden revelations This is partlydue to Brussels having little clear leverage by which to demand better from the )& when it comes to national security matters)ndoubtedly, the commission will try to tout whatever it achieves in the negotiations with the )& as progress toward securing E)

citi@ens> privacy But it also nows thatwaling awayfrom the tablewould bepotentially disastrous for the

trans-Atlantic digital econom% 6The European Commission is under pressure from particularly the Europeanarliament and Lmember stateN Data rotection 'uthorities to be seen as maing some progress,6 )staran said 6'nd at the same

time, 7 thin the European Commission is conscious of the fact that they need to save Safe 9arbor 6 'nother bigreason for the lac of meaningful progress has to do with the approach taen toward the issue by the previousEuropeanCommission 7t issued." recommendations for improving &afe arbor in %ovember -#.", but only two of themfocused on data protection 4ne of the recommendations ased that&afe arbor companies disclose the e8tent to which they maybe reAuired to divulge E) citi@ens> data The other ased the )& government to ensure that demands fromgovernmentagencies for companies to hand over datato them under the &afe arbor>s nationalsecurity e8ception be necessar% and proportionate But the commission>s other ..recommendations had nothing to do with data gathering by )& government agencies 7nstead, they focused on peripheralcommercial issues, such as consistent enforcement of &afe arbor>s rules by the :TC and ensuring that consumers can pursueaffordable arbitration against firms when they have a complaint The 4bama administration has shown fle8ibility toward thosedemands broadly, and resident 4bama and E) leaders agreed during a summit in Brussels in 9arch to complete negotiations toupdate &afe arbor by the end of summer -#.H But when it comes down to the real grist of the commission>s demands 00 and the

political uproar in the E) 00 the )& has shown little !illingness to move Commerce officials have alsohinted publicly that the )& is un!illing to maema/or concessions onthe national securityissue, andnoted that spying and surveillance are areas far out of Commerce>s purview The new )& ambassador to the E) in &eptember madeit clear that the only thing Brussels will carry away from the tals on that issue is a 6detailed description of how )& laws andpolicies restrict the application of such an e8emption in order to provide comfort that it is narrowly construed6 (7nside )& Trade,&ept ., -#.H1 't this point, the negotiations have not concluded The apparent lac of willingness from the )& to commit to a realchange in behavior has roiled the prominent critics of &afe arbor in the European arliament Jan hillip 'lbrecht, a Germanmember of the Greens group who has shepherded legislation to update E) privacy rules, told 7nside )& Trade earlier this year that

the )& needs to lay down definitive boundaries about when the e8ception can be invoed,and when it cannot(7nside )& Trade, %ov


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'long with attempting to reshape their individual privacy framewors, the )nited &tates and E)areworing toestablish anew trade agreement 7n his -#." &tate of the )nion, resident 4bama announced the )nited &tates andE) would begin tals on a comprehensive Transatlantic Trade and 7nvestment artnership (TT71 "< ' first round of TT7negotiations too place in 3ashington DC on July 50.- The second round of TT7 negotiations were set to tae place in Brussels,

Belgium, in 4ctober LM-"FN -#." "5 Becausemodern tradeinvariably involvesthe transfer ofpersonal data, thelevel of )& privacy protections and )& adeAuacyas determined by E) law lielywill be a focus ofthe negotiations, as the parties attempt to develop a durable trade discipline facilitating the free flow of data while protectingprivacy " 'gainst this bacdrop of evolving framewors and trade negotiations, now is the time for earnest discussion about how)& privacy law compares to E) standards This discussion should tae into account the inherent cultural, political, andconstitutional differences between the two legal systems The )nited &tates and E) have the opportunity to wor towardsinteroperability and mutual respect by recogni@ing how both of their approaches to privacy satisfy the core privacy protections

embodied in international standards 7 ow the 'deAuacy 9echanism 3ors The E) Data rotection Directivegenerally prohibits transfers ofpersonal datato a third country unlessthat third country 6ensuresan

adeuatelevel of protection 6H# 'rticle -(.1 lists si 8 e8ceptions to the general reAuirement that athird country ensure an adeAuate level ofprotection H. 'rticle -(-1 allows E) 9ember&tates to authori@e LM-"N transfers where 6appropriate contractual clauses6are in place to provide 6appropriate safeguards with respect to the protection of the privacy and fundamental rights andfreedoms of individuals andas regards the e8ercise of the corresponding rights6 H- The Directive, under'rticle -, establishes a63oringarty on the rotection of 7ndividuals with regardto the rocessingof ersonal Data6(the 6'rticle - 3oring arty6 orthe 63oringarty61 H"The 'rticle - 3oringarty is responsible for, amongother things,giving the European Commission its opinion on the level of protection in third countriesHH 'dditionally,the European Commission may issue adecision that athirdcountryensures an adeAuate level ofprotection, which is bindingon all E)9ember &tates HF The Directive provides very broadguidance on how to assess whethera thirdcountry ensures an adeAuate level of protection+The adeAuacy of the level ofprotection afforded by athird country shall be assessedin the light of all the circumstances surroundingadata transfer operation orset of datatransfer operationsQparticularconsideration shall be given to the nature of the data,the purpose and duration ofthe proposed processingoperation oroperations, the country of origin and country of final destination,the rules of law,both general and sectoral,in force in the thirdcountry in Auestion,and the LM-"s writing,the European Commission has issued thirteen favorable adeAuacy determinations FF The Commission has recogni@ed 'ndorra,'rgentina,'ustralia, Canada, :aeroe 7slands,Guernsey, 7srael, 7sle of 9an,Jersey, %ew Realand, &wit@erland, and )ruguay as ensuringadeAuate protection forall personal datatransfers from the E) to those countriesF

'dditionally, the Commission has recogni@ed adeAuate protection forsome types oftransfers to Canada Fs advice 0which then become the baseline by which the :TC brings future enforcement actionsThe net impact of the :TC>s two mechanisms has been to rais e the privacy floor Companies doingbusiness in the )nited &tates are now e8pected to have publishedprivacy policies and privacy programs 0 even though no federal law imposes these reAuirements on the vast ma/ority of businesses (with the e8ception of companies operatingin highly regulateds ectors, such ashealthcare1'nd the thousands of companies that have self0certified to the &afe arbor:ramewor ..< (which allows personal datato be transferred from the E) to the )&, as discussed below1 ..5 have both imposedthese LM-H5N reAuirements on themselves and sub/ected themselves to :TC enforcement There are also significant e8tra0legal forces operating in the )nited &tates that contribute to providingbroad privacy protections :ore8ample,the past fifteen years has seen an e8plosion in companies hiringChief rivacy4fficers (C4s17n -###, the few companies that hadcreatedC4 positions actually issued press releases announcingtheiractions . .%ow there are thousands of C4 positions at companies across the )nited &tates The e8istence of aC0level position focusedon privacy elevated corporate 'merica>s focus on privacy and resultedin subs tantial increases in time andresources devoted to privacy protectionsThe privacy profession has been further enhanced through professional associations ' professional organi@ation nownas the 7nternational 'ssociation of rivacy rofessionals (7'1 was formedin -###to provide a venue forC4s to discuss privacy issues and share best practices.-#7n early years, the 7' had conferences where numerous C4s wouldgatherto share nowledge :orthe -#." Global rivacy &ummit,.-. over -,### people were in attendance The organi@ation now boasts more than .#,###members in the )nited&tates alone, andprovides numerous certifications forindividuals seeing to establish theircredentials as privacyprofessionals in the maretplaceThere are also numerous privacy lawyers 0 woring with policymaers, engineers, and others 0 engaged in privacy compliance advice, representation, advocacy,andscholarshiprivacy l aw articles have influenced privacy professionals and policymaers alie The fieldof privacy law itself originated with the seminal law review article by 3arren and Brandeis on The ight to rivacy .-- 'dditionally, privacy advocacy groups have increasedLM-HN theirwatchdogrole to play a significant role inpromptingenforcement9any :TC enforcement actions start with complaints filedby these very advocacy groups.-":inally, litigation has servedas abacstop to eeppressure on companies to implement andmaintain robust privacy programsThese days, a company announcement ofadata breach ormediareports on a privacy slip0upfreAuently result in the filingof class action lawsuits within days of the news 3hile these class action suits on the whole have not been generally successful in establishingliability anddamages,.-Hthey have provoednumerous settlements from companies averse to public litigation with customersThe cases increase the bottom line costs that companies weigh in decidinghow they allocate their resources,and that weighingmeans increasedattention to privacy programs Bereley profess ors ;en Bambergerand Deirdre 9ulligan have e8tensively researched the role that e8tra0legal forces play in protecting privacy7n their landmar study of privacy 6on the ground,6they interviewed several C4s to assess the

state of privacy protections in the )nited &tates .-F Theirfindings suggest that the e8tra0legal forces described above, coupledwith the various laws andregulations on the boos,have resulted in privacy becomingmore embedded into )&corporate culture and business operations .- 9ore importantly,their research suggests that LM-F#N formalisticreviews of privacy 6on the boos6 might substantially underestimate the strength ofathird country>s privacy protections overall777&o 3hy7sn>t the United S tates Considered AdeuateO Despite the various layers contributing to robust privacyprotections in the )nited &tates, the E) continues to view the )& privacy framewor as inadeAuate under E) law 0 although theissue has never been sAuarely addressed, as the )nited &tates has never applied for a finding of adeAuacy, and the E) has neverstated that it has denied or would deny any )& application 3hen the Directive entered into force in .5, however, it was widely

accepted that the )nited &tates lac#ed adeuate privac% protectionsto Aualify as adeAuate under E)law .-< Thus, the )nited &tates and E) promptly began negotiating a way for )& businesses to be able to engage in certaininternational data transfers involving E) personal data The )& goal was to create a 6safe harbor6 under which some )&

businesses could receive E) personal data .-5 The challenge, however, was to bridge the gap between two very different approachesto privacy protections 7t too two years of negotiating, but eventually both sides reached an agreement that was acceptable to allThe result was the &afe arbor :ramewor .- The :ramewor reAuires eligible companies to certify their compliance with sevenbroad principles+ (.1 notice, (-1 choice, ("1 restrictions on third0party transfers, (H1 security for personal data, (F1 data integrity, (1individual access rights, and LM-F.N (s /urisdiction for enforcement purposes ."# 7n -###, the EuropeanCommission recogni@ed the &afe arbor :ramewor ensured an adeAuate level of protection under the E) Directive, .". and the&afe arbor :ramewor has facilitated cross0border data transfers for thousands of companies in the intervening years 4nlycompanies sub/ect to the /urisdiction of the :TC are eligible for participation in the &afe arbor (as the :TC is the agency charged

with enforcing &afe arbor principles1 ."- Thus,broad s!aths of )& commerce, including transportation

companies, communication common carriers, certain regulated financial services firms, and non0profits, are not eligibleto participatein the &afe arbor 'fter the !.. attacs, the )nited &tates and E) entered into a separate arrangementproviding for the sharing of airline passenger information involving E) personal data ."" This second agreement allowed for thetransfer of assenger %ame ecords to )& government authorities for anti0terrorism purposes ."H These are the two primaryagreements e8isting between the )nited &tates and E) regarding international data transfers ."F 's previously noted, the )nited

&tates has never formally sought a full adeAuacy determination, but it is no secret the E) sees ma2or

shortcomings in the )& regime The principal perceived shortcomings are that the E) generally disfavors a

sector-b%-sector approach, insteadviewing comprehensive legislation asthe superior method to ensure privacy protections ." 'dditionally, the E) LM-F-N considers the lac of an independent data protection authority in the )nited &tates to be a seriousshortcoming ."< &ome in the E) also critici@e the effectiveness of the &afe arbor ."5 These criticisms arise despite the European Commission>s continuing support for the&afe arbor :ramewor>s adeAuacy, which was reaffirmed even after the release of the roposed egulation ." 'nd evidence suggests the &afe arbor :ramewor has played aey role 6in raising privacy awareness and acceptance of privacy protection in the )nited &tates6 .H# The sectoral approach that has garnered European criticism has someadvantages that might be underappreciated in Europe :or e8ample, )& privacy law has been tailored across sectors to provide varying levels of protection appropriate for thesensitivity and use of personal information This fle8ibility also permits Auicer changes i n response to new threats to pr ivacy, without having to establish rigid protections thatprevent fle8ibility 's to health privacy in the )nited &tates, for e8ample, a detailed and robust framewor e8ists under 7'' LM-F"N The E) believes the )nited &tates affords


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too much governmental access to personal data, and that also affects its view of the )& privacy framewor .H. These concerns are rooted in the powers authori@ed by the )&atriot 'ct, which was passed after the !.. attacs .H- 7t is true the atriot 'ct provides the )& government with authority to access personal data in certain situations .H"But the E) is wrong to paint the )& government>s access as e8ceptional ' legal review of ten different countries across the globe assessed their governments> level of access toinformation stored in the cloud .HH The survey included the )nited &tates, several European countries, Canada, 'ustralia, and Japan .HF The results were clear+ all tencountries permitted their governments similar levels of access to data stored in the cloud in the interests of national security and law enforcement .H 'nd several countriesactually enabled entities voluntarily to share such information with the government, without legal protectionsQ the )nited &tates was not one of them .H< :inally, the E)criticism of the lac of a centrali@ed enforcement authority for privacy in the )nited &tates should not be dispositive The :TC has broad but not unlimited /urisdiction to policeprivacy violations in the )nited &tates 7nfluential scholars have made the case that enforcement efforts in the )nited &tates are v

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