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http://www.expatica.com/source/site_article.asp?subchannel_id=19&story_id=9106

Why the US can't be trusted
with our personal data

Recently, the European Commission announced  over vocal objections by the
European Parliament and its own advisory group  that it will permit the
United States government direct access to airline passenger data.

This means that before you fly to or via the United States, details of
your reservation, including credit card number, flying history and even
meal preferences, will be transmitted to the US government for "screening"
and will be retained in a database for a minimum of 3.5 years up to an
indefinite period.

This is not the time to be turning over the personal data of European
residents to the American government.

First, there is no evidence that collection and monitoring of personal
information does anything to stop terrorism. The next terrorist is more
likely to be an undocumented student from rural Pakistan than a convicted
criminal. He is not going to have charges from Osama's Live Bait and
Fertiliser Shop on his American Express card or a subscription to
Terrorist Weekly.

Second, and more seriously, is that the United States has a long  very
long  history of abusing personal information and surveillance powers for
political purposes to the detriment of the entirely innocent. Whether we
are talking about FBI surveillance and intimidation of suspected
communists in the 1950s and 1960s or physical abuse of French journalists
arriving in the US in 2003, America has a problem distinguishing real
threats from imagined ones.

You will recall the Oregon lawyer, Brandon Mayfield, who was imprisoned
for two weeks in May because his fingerprints matched an object found in
the Madrid bombing.

Except they didn't. The FBI made a mistake, and even then a judge had to
intervene to get the man released. How did the FBI get Mayfield's
fingerprint in the first place? He was in the military, and all soldiers
are fingerprinted. So will all visitors to the United States, including
you  your biometric data (fingerprints or retinal scan, for example) will
be in your passport, or you will be printed on arrival.

Or perhaps you know of the case of Jose Padilla, another American citizen,
who has been held incommunicado and without access to lawyers as a
so-called "enemy combatant". The Supreme Court is now deciding if he can
be held indefinitely without charge, if the President can on his whim
throw out the centuries-old principle of habeas corpus, the right to
appear before a judge before being imprisoned.

We don't have to wonder how non-Americans are treated. For that we have
Abu Ghraib and Guantanamo, plus an archipelago of gulags around the world
which are accountable to no one. People are being disappeared  a term
which evolved from government kidnappings and murders under the old
Argentinean dictatorship.

In 2002, a Canadian engineer was detained at New York's JFK airport, en
route to Montreal from visiting his wife's family in North Africa. He was
held incommunicado, without trial or lawyer and deported  to Syria  where
he was tortured and imprisoned for a year until his wife could get him
out.

The US has long had a problem respecting other nationalities. Its
conviction that it alone holds the ideals of truth, justice, freedom and
democracy is both wrong and dangerous.

As part of this lack of respect, official degradation and humiliation of
foreigners by those in positions of authority seems to be an important
ritual, whether it's Najaf or New York. Border guards are often young,
uneducated and eager to press their authority.

Just one small  and pretty minor  example is the JFK immigration clerk who
when faced with a Dutch passport demanded, "Why don't you go back to
Belgium, or wherever you came from?"

And we want to give these people are credit card details?

If youve every tried to have your credit report corrected, youll agree
that software and bureaucracy can create a disaster waiting to happen.
Except this time its not a loan youll be denied when a mistake is made  it
will be your liberty.

By stealth, the US is building vast databanks of personal information on
citizens and non-citizens, criminals and the entirely innocent. When
investigating a murder recently, the FBI had 1.5 million relevant DNA
samples to search. How did they get so many samples? Get arrested or even
detained  legitimately or not  and your fingerprints go into the system,
maybe your DNA.  Join the military or certain agencies, same thing.

These records will be combined with those of millions of visitors,
immigrants and citizens; tens of millions of files on people who have
committed no crimes and pose no threat whatsoever.

Just like the Stasi used to do.

If this isn't state surveillance, what is?

We  whether US citizens or not  did not elect the American administration
to watch over the world and collect this information. It is neither
accountable nor in any way transparent as to its methods, objectives and
results. Information is power, and the US is grabbing fistfuls of it to
our peril.

And the trust-me rhetoric doesn't cut it. The United States administration
has made it patently clear that it does not consider itself bound by laws
domestic or international  when they conflict with its interests. All it
takes is for somebody, from the President on down to a lowly border guard,
to say so.  As if in a dictatorship, the President has made himself
prosecutor, judge and jury.

After all, Bush told us that the prisoners in Guantanamo are "bad people"
and therefore, according to him, worthy of indefinite detention and abuse.
Never mind that the Red Cross says that 70-90 percent of those rounded up
are innocent of any crime; the United States has stated in words and deeds
that it's OK to lift human rights for the "war on terror" and OK to
torture human beings, especially those who are non-white and non-American.

Read that again: it's OK to torture. Not just criminals, though that's bad
enough. These are people who have not been charged with any crime. So much
for the presumption of innocence. Say goodbye to your rights to a lawyer
and a hearing. Being a suspect is enough to get you the full welcome
package.

And guess what? When your plane takes off for the US, you're a suspect
too.

The European Commission is putting the safety and dignity of every
traveler at stake by giving the US information with which its border
security personnel can wreck havoc on personal lives. In case that isn't
perfectly clear, the US had an escape clause built into the agreement on
how the data will be used, saying that it couldn't be held to it in any
case.

Europeans may sit silent when they think it will only be Muslims and
dark-skinned people being harassed, just as they did when Jews and Gypsies
were taken into the night. We all know what that silence begets, and it is
ugliness in the extreme.

Terrorist, journalist, protester, liberal, writer, dissident  they all
look the same to the Bush administration. Remember: anyone who is not with
them is with the terrorists  Bush's words, not ours. Which are you? Sorry,
that's not your decision  a border guard will make it for you on your next
trip to the land of the free.

Simply put, the United States cannot be trusted to respect any law or
international protocol, and cannot therefore be trusted with the personal
data of Europeans.

For once, the European Parliament tried to look out for our interests, and
an unelected and unaccountable Commission overruled them. Europeans should
now press their representatives to take this ill-advised decision to the
European Court, where it can be overturned for the dangers it poses to the
privacy and security of all of us and for its clear violation of EU law.

2 July 2004



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www.ctrl.org
DECLARATION & DISCLAIMER
==========
CTRL is a discussion & informational exchange list. Proselytizing propagandic
screeds are unwelcomed. Substance—not soap-boxing—please!   These are
sordid matters and 'conspiracy theory'—with its many half-truths, mis-
directions and outright frauds—is used politically by different groups with
major and minor effects spread throughout the spectrum of time and thought.
That being said, CTRLgives no endorsement to the validity of posts, and
always suggests to readers; be wary of what you read. CTRL gives no
credence to Holocaust denial and nazi's need not apply.

Let us please be civil and as always, Caveat Lector.
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