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Feb 3 , 2014
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Europe Not So Amazed with NSA
The fallout continues since Edward Snowden’s revelation of the full scope of the United States’ National Security Agency’s surveillance program, whose reach extended to European leaders and citizens. The European Union has been actively reviewing its data protection programs and threatened to freeze data-sharing agreements with the United States. As the E.U. continues to grapple with the disclosures, the United Nations is expected to vote on a non-binding resolution that reaffirms the “human right to privacy.” Meanwhile, technology companies in the United States have begun to upgrade their encryption systems to rebuff spying.
Since the E.U. proposed legislation in October that would require U.S. Internet companies to gain clearance from E.U. officials before complying with U.S. warrants seeking European citizens’ private data, the European Commission has also released a report demanding U.S. enforcement of the U.S.-E.U. “safe harbor” agreement. According to the “safe harbor” agreement, companies operating in the E.U. cannot release data to companies outside of Europe unless there are reciprocal safeguards in place. The E.U. has called on the U.S. government to provide legal redress in U.S. courts for European citizens who feel their rights have been infringed. It is unclear whether the E.U. will be able to pass the regulations by its May 2014 target date.
The U.N.’s proposed non-binding resolution will call for a human rights commission inquiry into the impact of large-scale digital surveillance. The inquiry is expected to address current international laws implicated in the “extraterritoriality” of privacy and whether large-scale surveillance like that revealed by Snowden impinges on rights to privacy.
Technology companies, including Google, Yahoo, and Microsoft, in the meantime have the challenge of upgrading their security systems. Although it is unclear how the N.S.A. gained access to Google and Yahoo’s data, the companies believe that the government agency tapped cables used by Google and Yahoo to connect their data centers at Level 3, a large Internet backbone provider. The companies say that they have begun to encrypt data running through those cables. Microsoft’s top executives met recently to contemplate a similar move.
Even as they move to increase security, the companies face increased scrutiny from countries in the E.U. Google is currently under investigation by the Dutch, Spanish, Italian, German, and French governments, and may face fines for its treatment of user data.
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