Sicherer-Hafen-Abkommen

“Safe Harbor accord.”

After years of discussion, on 19 Jul 2013 E.U. ministers reached an agreement on reforming their outdated data protection principles at their Lithuania meeting, agreeing inter alia that any companies wishing to do business with one of the E.U.’s 500 million citizens will have to obey the E.U.’s privacy regulations or pay fines of “up to 2% of world income,” said justice commissioner Viviane Reding.

She called into question the E.U. and U.S.A.’s current pre-millennial “Safe Harbor” personal data transfer agreement, which companies join voluntarily and in which they verify their own compliance. About a thousand companies joined the agreement, including companies that shared customers’ personal data with the N.S.A. Commissioner Reding said the U.S.A.’s Patriot Act had annulled the Safe Harbor agreement anyway. “I have already told the parliament that if [the Safe Harbor agreement] is in fact what I think it is, namely a loophole, then we’re done with it.” She is counting on German and French support for the new data protection reforms.

Update on 27 Nov 2013: E.U. interior commissioner Cecilia Malmström (Swedish Liberal People’s Party, conservative-liberal, liberal with the non-U.S.A meaning of libertarianesque) announced the E.U. Commission was not going to change the toothless self-policing “Safe Harbor” data protection agreement for now. E.U. justice commissioner Viviane Reding (Luxemburger Christian Social People’s Party and European People’s Party, center and center-right) has given the U.S. a 13-point data protection homework assignment to implement by summer 2014, after which the Commission will re-examine torpedoing “Safe Harbor.”

(ZICHH ah ah   HAW fen   OB come en.)

Im Quellenland Steuern zahlen

“Paying taxes in the source country.” The O.E.C.D. presented its post-Offshore Leaks report on 19 Jul 2013 and announced it wants to enact new rules forcing companies to pay taxes in the countries where the income is earned, disallowing the currently not-illegal practices that shift income to low-tax countries. The G20 countries supported this plan. A “golden era” of “tax arbitrage” may be ending.

Update on 06 Sep 2013: World leaders at the G20 summit in St. Petersburg agreed that in future corporate income will be taxed in the country where it is earned. It will no longer be possible to schubs income around the world, shopping for lower-tax jurisdictions.

(Imm   KVELL en lont   SHTOY ahn   TSOLL en.)

Verschlüsselungspflicht für Telekom-Unternehmen

“Mandatory encryption for telecom companies,” one solution proposed by the opposition to Angela Merkel’s coalition in the wake of Edward Snowden’s surveillance revelations. Another solution, discussed by the ruling coalition, was supposedly transferring responsibility for saving searchable copies of all communications from public-sector government agencies to private-sector phone companies.

Update on 02 Sep 2013: NYTimes.com reporting and others’ follow-ups appear to indicate that the company AT&T has been keeping its own copies of phone communications, more than just “metadata,” and people have used it to access 26-year-old phone calls. AT&T employees could be hired to help government agents search their difficult database.

Update dated 4 July 2013: Holland’s Data Protection Authority issued a report on their investigation into mobile network packet inspection by KPN, Tele2, T-Mobile and Vodafone, finding that the companies illegally saved individual customers’ online data, such as websites visited and apps used. The data was furthermore saved in a “detailed” manner.

(Fer SHLÜSS ell oongs flichh t   foor   TAY lay kom oon ter NAY men.)

Merkwürdige Umkehrung rechtsstaatlicher Logik

Remarkable reversal of rule-of-law logic.” One of Heribert Prantl’s points in his op-ed on fundamental rights [Grundrechte], the German constitution and various countries’ mass trawling to collect world communications.

“In the countries of the western world, led by the U.S.A., a remarkable process of reversal of rule-of-law logic is underway: Whether a country is ruled by law is apparently no longer measured by whether the country upholds people’s fundamental rights. Instead, the violations of fundamental rights are justified by saying it’s a rule-of-law country doing the violating. The concept of ‘rule of law’ is being stripped naked of its content and used willy-nilly despite what it actually means. The United States are justifying even the worst ominousnesses by saying ‘but we’re a Rechtsstaat (rule-of-law country).’ Apparently people think that even nobilifies waterboarding.

“…A state that views its burghers with generalized suspicion and fundamentally mistrusts everybody is not strong. A state is strong that has the security that human rights and burgher rights are the best guarantors of internal security. A democratic state, which only exists because of and from the freedom of its people, must not turn against its creators.”

(MERK voor diggah   OOM care oong   WRECKED shtot lichh err   LO! gick.)

“Relevant”

Now might mean “everything,” according to Wall Street Journal reporting about how the U.S.A.’s secret F.I.S.A. court quietly reinterpreted the word “relevant” to “empower vast N.S.A. data-gathering.”

(Ray lay VAUNT.)

Geheimgericht

Secret court. In the newly exposed world of overt and covert U.S. jurisprudence, this has been called a parallel world, an underworld.

Harry Shearer commented that you can’t get laughed out of a secret court.

(Geh HIGH m geh rrrichh t.)

Gedankendank

XKCD’s thought experiment that involves the physics of a cute butt. Also, a “thank you for the thoughts.”

(Geh DONK en DONK.)

Abgucken

“Looking off.” Looking at something and then copying it. Rome for example spent centuries inadvertently serving as a model to the tribes outside its borders, while trying to deal with them by alternately fighting them, bribing them and training them as mercenaries. Eventually some surrounding tribes that were feindlich gesinnt learned enough, formed large enough groups and took over the old empire.

(OB cook en.)

Null-Nummer

“A nada number,” zilch, zip, zero. Opposition politicians criticized the 24-hour visit of Interior Minister Hans-Peter Friedrich (C.S.U.) to the U.S.A. on July 12 to discuss N.S.A. spying with the Obama administration, saying Mr. Friedrich let himself be fobbed off with nonexplanations and didn’t realize the seriousness of the issues when he apparently decided to choose government rights over burgher rights. An op-ed in the Süddeutsche Zeitung said democracies can’t have freedom unless individuals in the democracies have freedom and privacy at home, and that this is a time that calls for voices and courage.

(NEWEL new mah.)

Damnatio memoriae

Attempt to erase public memory of a politically out-of-favor person by rewriting official history.

Basta!-Politik

“Because I said so!” policy, dictated from above without two-way discussion, learning or compromise.

(Boss ta! Poll ee TEAK.)

Neelie Kroes

The E.U. commissioner currently considering eliminating net neutrality. This is the same official who invited Karl-Theodor zu Guttenberg (Baron Karl-Theodor Maria Nikolaus Johann Jacob Philipp Franz Joseph Sylvester von und zu Guttenberg) (C.S.U.) to be her advisor on internet freedom after the internet forced him to resign as Germany’s defense minister when a plagiarism wiki discovered he’d copied parts of his doctoral thesis.

Mehrnamenspolitik

“Multiple names policy.” Stealthing potentially wildly unpopular secret programs in one country’s government intelligence agencies by using e.g. multiple different program names over time for the same program or multiple different names for similar programs in different intelligence agencies. Multiply this by the number of countries indulging in warrantless wiretapping and suspicionless surveillance. The lack of a single -gate umbrella term might deflect target acquisition by the public’s ire.

Germans were confused by a 17 Jul 2013 Bild.de article followed by a government press conference confirming the German government had averred that the U.S.A. had two Prism programs, this time with the same name, but though they accomplished similar goals they were not the same program. Supposedly the German military and Bundesnachrichtendienst learned about Prism, but not the other Prism, via N.A.T.O. in 2011.

(Mare NAW men z poll ee TEAK.)

QuereinsteigerInnen

“Cross-enterers.” People who start a new career in nontraditional ways.

Querdenker

“Cross-thinkers,” critics, people with different perspectives, outsiders. Once considered square pegs in round holes at organizations, now officially to be encouraged in Verfassungsschutz agencies to reap the advantages of hybrid analysis and good self-criticism.

(KVAIR denk ah.)

Trödeln

Dally, dawdle, loiter, lollygag, stall, drag your feet, but also rummage. Looking around. A Trödelmarkt is a flea market, which can be full of wonderful things.

(TRƏ dell n.)

Sahneschnitte

“Cream slices,” meaning something very very nice.

(ZAH neh shnitt eh.)

Veredeln

“Ennoblement” in the kitchen, to pep up your recipes. In addition to the ubiquitous chives and other windowsill herbs cut at the last minute and scattered on top, German cooks might add (organic) cream, maybe some olives, gravlachs, fresh forest mushrooms cooked in butter, duck liver, a dollop of cheap caviar. Bacon too, but cubed and not in thin crisp strips. Or salty air-dried Parma ham cut so thin you can see the light shine through it.

(Fair EH dell n.)

Das Eis lutschen, solange es noch kalt ist.

To suck on the popsicle while it’s still cold.

(Doss   ICE   lootch en,   zoh long   ess   nochh   CALLT   iss t.)

Savoir vivre und Esprit sind keine Schweinehälften

Savoir Vivre and Esprit ≠ Half Hogs,” a Süddeutsche Zeitung headline about the incredibly complex but promising trade negotiations between the E.U. and U.S.A.

(Salve war   VEEV   oond   ess SPREE   ZIND   k eye neh   SHVINE eh HEF ten.)

Bettgeflüster

“Bed whispers,” German title of the old movie “Pillow Talk” starring Doris Day and Rock Hudson. Ezra Klein’s blog on the Washington Post recently posted about different types of public and private employees who have been caught or might be caught inappropriately making use of the vast phone and internet databases being collected and shared by e.g. the N.S.A.; one of the the least problematic bad uses so far has been to laugh about people’s private pillow talk.

Policemen: Police officers around the U.S.A. were caught using the F.B.I.’s huge N.C.I.C. database to snoop on each other, their significant others or, in one case, women a policeman wanted to cook and eat.

Military: The N.S.A. is part of the military. Fwiw, they said only a small number of people can search their phone records database (Edward Snowden?). A former N.S.A. employee told ABC in 2008 that N.S.A. employees used to listen to overseas soldiers’ phone sex.

Spies: There are fears inside and outside the U.S.A. that intelligence agencies around the world are spying on each other’s domestic populations as a favor to help local agencies circumvent laws protecting their citizens against domestic surveillance by their own governments. As a favor then your country’s communications data would be bulk-hoovered by at least one other country’s intelligence agencies and stored there before being shared with your country’s intelligence agencies…

Mercenaries: If 70% of the U.S.’s intelligence budget has been spent on private contractors in recent years, including on Edward Snowden’s former employer, then tens of thousands of guys must have worked these jobs by now with access to databases and powerful tools.

Telecommunications companies: Ars Technica posted that U.S. intelligence agencies partner with a U.S. telecom company to (somehow) collect phone and internet data from local telecom companies in foreign countries. Providing historical perspective, WaPo wrote that when giant fiber optics network operator Global Crossing went bankrupt in 2002 and was being bid on by firms from Hong Kong and Singapore, the U.S.A.’s F.C.C. held up approval of the deal until systems for U.S. government access to those networks had been agreed to. That model, worked out by reps from Defense, Justice and Homeland Security departments, has now been used by the F.C.C.’s “Team Telecom” for other telecom companies too. Phone companies, phone companies that provide internet connections, cable television companies that provide internet connections and companies that run, maintain or manage copper, fiber optic, satellite and other networks: all have employees and consultants that might also be able to access such data.

Software and content providers: “nine major” U.S. companies including Google, Facebook, Microsoft, Apple, Yahoo and AOL have been sharing customer communication data with U.S. intelligence agencies; their employees and consultants might also be able to access these data.

News agencies and newspapers: Rupert Murdoch’s phone-hacking scandal in London indicates at least U.K. journalists have succeeded in paying police to acquire the kind of private information stored in these big databases. Such news companies’ employees and consultants, and their subsidiaries’ and parent corporations’ employees and consultants, and anyone capable of tapping journalists’ insecure computers and phones, might access all journalists’ data including those data obtained from police.

(BETT geh FLÜÜ stah.)

MISO-Süppchen

“A little MISO soup.” The US Defense Department has changed the name of Psy-Ops, psychological operations, to the more pleasant-sounding MISO, military information support operations. Private contractors such as Navanti Group provide MISO to e.g. the vastly grown Special Operations Command, SOC, in Tampa, Florida, according to the Washington Post.

In a 07 Jul 2013 article about how Navanti created a dossier on a US citizen living in Minnesota, WaPo wrote:

“The Pentagon is legally prohibited from conducting psychological operations at home or targeting U.S. audiences with propaganda, except during ‘domestic emergencies.’ Defense Department rules also forbid the military from using psychological operations to ‘target U.S. citizens at any time, in any location globally, or under any circumstances.’

“Last year, however, two USA Today journalists were targeted in an online propaganda campaign after they revealed that the Pentagon’s top propaganda contractor in Afghanistan owed millions of dollars in back taxes. A co-owner of the firm later admitted that he established fake Web sites and used social media to attack the journalists anonymously.”

(Me zo ZIPP chhen.)

Online-Zwang

Mandatory internet contact established by products with their mothership company, that can’t be prevented by users.

(ON line TSVONG.)

Sich selbst als Geisel nehmen

“Taking yourself hostage.” Investigative journalism nonprofit ProPublica.org interviewed financial journalist Jesse Eislinger about bank regulation reform and the USA’s too-big-to-fail banks on 04 June 2013. Eislinger talked about the few oversized banks in the USA that get saved with taxpayer funds, and the smaller banks that don’t, and he interestingly compared the huge banks’ behavior to a scene in Mel Brooks’s Blazing Saddles when a man successfully takes himself hostage. US banks are allowed to grow too big, Eislinger said, because they claim it strengthens them to diversify into many sectors. In fact, they became and remain to this day unmanageable, as shown by the recent “London Whale” failure in 2012. When the “diversified” giant banks topple they essentially copy Mel Brooks’s autohostage joke by threatening to take out wide swathes of the US/world economy if not rescued by taxpayers. The situation is self-perpetuating as it now stands.

(Zichh   ZELBST   olls   GUY zel   nay men.)

Sommerloch-SuperGAU

GAU means grösster anzunehmender Unfall, “greatest assumable accident.” The redundant “Super-GAU” still finds use, wandering into explanations of e.g. climate-change storms or worst-case nuclear accidents. Sommerloch, the summer hole, is the summertime’s slow or silly news season. The summer of 2013 may be a perfect storm for slow if not silly news after the whistleblowing revelations of massive phone and internet data hoovering by the US, UK and French secret services and the US’s bugging of at least offices and computer systems of at least the EU government. Looking forward, investigative journalists should be wondering how they can safely do their jobs this summer. Politicians should be wondering how they can prepare for any negotiations.

(ZOMM ah lochh   ZOO pah g ow!.)

Parallelität

“Parallelism.” A rep from Angela Merkel’s CDU party said starting Monday, July 8, negotiations with the USA would run in parallel for both a free trade zone encompassing the EU and USA and for a data protection agreement.

(Pah rah lell ee TATE.)

Kaskade von Haftung

“Cascade of responsibility.” New package of banking rules agreed by the European finance ministers on 27 Jun 2013 defining an order of responsibility for saving failed banks: first the banks’ shareholders will pay/lose money. Next, people who loaned the banks money to make loans will pay. Then, owners of large accounts >100,000 euros will pay. Last, the taxpayers will pay. Savings accounts <100,000 euros at failed banks are guaranteed to be refunded, if need be by taxpayers.

CNN.com reported that a hierarchy was also defined among large depositors, with big businesses being asked to pay before small and medium-sized businesses.

Details the day after the announcement: Under the new rules, being called a “bail-in regime,” when a bank is unable to meet its financial obligations, 8% of its debt will be paid by the bank’s shareholders, creditors/bondholders and large depositors. The next 5% will be paid by country bank funds (that will have to be set up). If that’s still not enough, the country will have to decide what to do.

The Guardian.co.uk reported that the second layer, country bank funds, responsible for rescuing 5% of failed banks must “come from a resolution fund which has to be built up over 10 years and cover 0.8% of the insured deposits in any given country.” The UK got excused from having to create or at least fund that fund because they said they wanted to collect a “bank levy” instead, for what sounds like an FDIC-type scheme in which banks (help) pay for failed banks. CNN.com reported that the resolution funds would also contain mandatory bank contributions, however.

(Coss CAW deh   fon   HAWF toong.)

DGSE; DCRI, DNRED, DPSD, DRM, Tracfin, Service du renseignement de la Préfecture de police de Paris

The French foreign intelligence service and the six agencies with which it shares phone and computer data it bulk-collects inside and outside France. Le Monde reported on 04 Jul 2013 that there is a French equivalent to the NSA’s “Prism” program. The DGSE appears to have a huge budget: 640 million euros? in one year?

DGSE: Direction générale de la sécurité extérieure. French foreign intelligence.

DCRI: Direction centrale du renseignement intérieure. French domestic intelligence.

DNRED: Direction nationale du renseignement et des enquêtes douanières. French customs.

DPSD: Direction de la protection et de la sécurité de la défense. French military intelligence.

Tracfin: Traitement du renseignement et action contre les circuits financiers clandestins. ??? An intelligence agency that fights money laundering?

Service du reinseignement de la Préfecture de police de Paris: Paris police intelligence.

Windjammerparade

Annual parade of large sailing vessels with steel hulls at the Kieler Woche festival in Kiel, northern Germany, traditionally led by the Gorch Fock.

(VINNED yommah pah RAH deh.)

Sehr beeindruckend

“Very impressive.” The excellent foreign correspondent Dietmar Ossenberg reporting from Tahrir Square on the night of July 1, only a few hours after the Egyptian military issued its 48-hour ultimatum for anti-Morsi and pro-Morsi protesters to find a compromise.

When asked what would happen Monday night, Ossenberg said he didn’t know.

“I don’t know. Peacefully, I hope. It is enormously impressive to see how once more hundreds of thousands of people are demonstrating in this square before the [?] palace, and really very peacefully. Despite the images we just saw of the Muslim Brotherhoods’ main headquarters. The people here are not letting themselves be provoked. They talked beforehand with young people, they practically did training for this, to make sure these mass demonstrations would happen peacefully. So it is really very impressive… We have experienced many historical moments here, but this is really very moving. A speaker for the Egyptian military said today that these are the biggest demonstrations, and peaceful demonstrations, that Egypt has ever seen. That is true in fact, and simultaneously an indication of what side the military will put itself on. I think the erosion process of the power of the Muslim Brotherhood has started. Today we had eleven resignations of ministers, which Morsi refused. But that doesn’t mean anything because these ministers will no longer be carrying out their official business. From the provinces, five provinces, there were reports that the governors’ offices are closed. So people are refusing to follow the central government. So I think the Muslim Brotherhood will have to pivot. They will have to try to approach the people with a compromise. That could be a referendum, for example, which was under discussion tonight in the Muslim Brotherhood, a referendum about whether or not Morsi should stay in office. But I can’t imagine that would impress the people demonstrating in any way, shape or form. So I think that within 48 hours we will not have an agreement, that the military will take over power in a soft coup d’état, perhaps for a transition period, to then together with all the parties, as the Minister of Defense said today, form a type of round table to define a road map for the future. I can’t imagine after the last 48 hours that Egypt’s history is not about to be rewritten again. The sole hope remaining for us, however, is that this happens relatively peacefully. But this year the army promised they would try to prevent violent conflicts. However, one must respond to that by saying that the people here relied once before on promises made by the military and were bitterly disappointed.”

(Z air   beh EYE n drook end.)

Anzeige gegen unbekannt

Criminal complaint filed against unknown persons, charge filed against “X.” The first hoovered-data German citizen complaint against persons unknown has been filed in the town of Gießen. Meanwhile, the federal prosecutors’ offices in Karlsruhe [Bundesanwaltschaft] are investigating US and UK surveillance of German data. A federal prosecutor spokeswoman confirmed they’re looking into the programs Prism, Tempora and Boundless Informant, inter alia.

(ON ts eye geh   gay gen   OON beh con t.)

Abrisslinie

“Tear line,” used in encrypted NSA emails that contained information acquired by the NSA’s ~2001 to ~2011 bulk internet and telephony surveillance (technically possible but considered unethical in the 1990’s but then authorized by the Bush administration on 04 Oct 2001 as what became the “President’s Surveillance Program,” later “Stellar Wind”). The NSA’s Inspector General wrote in a draft 2009 report that at first the NSA merely responded to FBI and CIA questions by emailing answers that used PSP-obtained information but didn’t say where they’d learned it, and thus the program was “hidden in plain sight.” Later, the FBI and CIA wondered where this information was coming from, so the NSA used a so-called “tear line” to send bulk-surveillance info and “sanitized” info in the same email.

Why only the FBI and CIA are mentioned in this NSA report, over and over, is unclear to me because the US has more such agencies than that. The Office of the Director of National Intelligence’s website currently lists 17 “agencies and organizations,” for example, and those appear to be umbrella organizations as well. During the Bush administration attempts were made by powerful bureaucrats such as Donald Rumsfeld to move intelligence work away from the CIA to the Pentagon. What was created at Defense and how did it morph as the years passed? How was it outsourced beyond government into private contractor companies? And what about “public-private” combinations such as the industry-funded INSA (Intelligence and National Security Alliance), “one of the only business associations in Washington that include current government officials on their board of directors” according to Tim Shorrock in Spies for Hire: The Secret World of Intelligence Outsourcing (2008).

(Ob riss LIEN ee eh.)

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