[discuss] [governance] NTIA statement

Shatan, Gregory S. GShatan at ReedSmith.com
Mon Mar 17 02:35:24 UTC 2014

Snowden didn't reveal the Patriot Act.  It's been around for over a decade.   And while I'm no fan of the Patriot Act, even that law does not allow the US to "treat any data stored by IANA under any rules it likes."  (To the extent IANA even "stores" data....)
And there is certainly nothing under "US Corporate ... legislation" (whatever that is -- but I'm only a US-trained lawyer with 28 years of experience) that would allow (or even be relevant) to that.

To be clear, I'm not defending the Patriot Act or the activities leaked by Snowden, and I 'm not denying the mood created by the Snowden leaks.  I just don't think there's a concrete linkage.

I will also say that, on the one hand, the US can certainly pass some bad laws from time to time; on the other hand, the Patriot Act was a product of its time and place.  For a variety of reasons, including Snowden, I think the US mood for such things has shifted.  (Of course, talking about a "US mood" in a country with a broad political spectrum is not all that meaningful beyond the question of whether a law has enough support to get passed in Congress and signed into law.)

-----Original Message-----
From: discuss-bounces at 1net.org [mailto:discuss-bounces at 1net.org] On Behalf Of Avri Doria
Sent: Sunday, March 16, 2014 7:54 PM
To: discuss at 1net.org
Subject: Re: [discuss] [governance] NTIA statement

On 16-Mar-14 19:22, Shatan, Gregory S. wrote:
> The Snowden leaks provided a convenient soapbox for the EU and others
> to climb on and demand this transition.

While I believe many are milking the Snowden revelations for more than they should, I also believe that saying it has no bearing is wrong.

The US has shown that it is willing to create laws that make pervasive monitoring over US citizens and non citizens legal.  The US legalizes monitoring that other countries do not consider legal in respect to privacy laws or as being within the constraints of Human Rights.  That means that under US Corporate and Patriot Act etc legislation the US could treat any data stored by IANA under any rules it likes.  Without ever telling anyone. That is not insignificant.


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