Tag Archives: independence

The TTIP Tragedy

europeYesterday, the European Parliament passed a draft report containing the EP’s recommendations to the Commission on the negotiations for TTIP. TTIP is the “free trade” treaty that is being negotiated between the US and the EU. It is the latest chapter in a long range of abbreviations across the world, from ACTA, to CETA, to TPP, TISA, etc. The end goal for TTIP is to create a single, massive free trade area/single market between the United States and the European Union member states. In practice, this requires that our standards be lowered to theirs and American businesses given unfettered access to the European markets (and in name vice versa, but it remains to be seen whether that will be the case in reality.)

The negotiations with the United States are being conducted in secret. There are various MEPs who are regularly informed about the progress of the negotiations, but they are prevented from saying anything substantial about the actual contents of the documents currently on the table. The peoples of Europe have no influence and no say in what makes it in the final treaty. Most of the Members of the European Parliament also have no idea about the exact contents of the negotiating document, and what is currently on the table. The European Parliament will vote on TTIP when the treaty is completed, but does not have the power to make amendments to the final text. This is a massive shame, since this treaty will influence us in major ways. In practice, it will open up our markets to American big business, while the effect for European middle and small enterprises are almost non-existent (as the vast majority of SMEs will not make the step to export to the United States).

Negligible Economic Advantages

The long-term economic advantages of TTIP to Europe is in fact completely negligible. Karel De Gucht, the previous EU Commissioner for Trade until 2014, claimed that TTIP will create lots of jobs in Europe, when in fact, we’re looking at an increase of GDP of at most 0.4 to 0.5 percent over a time period of decades. Claiming that this treaty will be about job creation and creating opportunities for workers on both continents is just completely dishonest, as also claimed in a blog on the U.S. Center for Economic and Policy Research (CEPR) website. According to various studies, the economic advantages are quite negligible. Incidentally, when De Gucht was confronted by some questions asked by the journalist regarding the alleged economic advantages of TTIP, he couldn’t provide an answer. And these are the sorts of people in charge of these things?

ISDS With A Different Name

ttip-2One important aspect that hasn’t been scrapped in the new resolution is the notorious ISDS provision (Investor-State Dispute Settlement). ISDS is a arbitration provision, that basically says that if a corporation thinks that a certain law passed by a nation-state’s parliament is hurting the profits of the corporation, they will have a way to sue the state for damages, in practice amounting to hundreds of millions of euro’s.

The most laughable thing about this arbitration commission is, that in the initial proposals, it consists of 3 lawyers, one of which will be from the company and another one from the nation state; the third one to be decided by the 2 parties. No legitimate judge would be asked to take this decision, and this provision has the potential to hurt democracy in a massive way. That this was even up for serious discussion is simply insane. When we as people can no longer decide for ourselves what we do and do not allow onto the market, because we should always take into account whether or not that will hurt someone’s business model, what independence do we have left? What will be left of the people’s sovereignty, granted to them by international law?

The ironic thing is that in the latest resolution passed by the European Parliament (P8_TA-PROV(2015)0252), the term “ISDS” has been replaced with: ‘a system for resolving disputes between investors and states’. Tell me: how is that different from “Investor-State Dispute Settlement”? This was just a different term used in the new resolution just so some fractions in the European Parliament can say: “Look people, we stopped ISDS!”, while at the same time the Commission and the negotiating team can say to the Americans that it’s still in. In effect, nothing has changed on this point. The entire concept of investors suing states for damages because legislation is a threat to their business model, and doing so in kangaroo courts, is an utter travesty to the legal system.

Another problem is that big corporations have an excessive influence on European policy-making. During the preparatory phase of TTIP, 590 meetings took place between the Commission and corporate lobbyists. 92% of these meetings were with representatives of big business. In fact, quite a few sentences in the proposals are directly written by the lobbyists, and made it in the proposals virtually unchanged. And this is not only a problem for TTIP, this happens all the time.

Consequences of Arbitrary Arbitration

An example of where this could lead to is the case of Achmea vs the Republic of Slovakia. In this case, Achmea (which is a major Dutch insurance conglomerate) sued the Slovak Republic for damages because they wanted to re-nationalise their health care system. Of course, Achmea stood to lose millions of euros in potential profits due to this policy change, so they sued, citing alleged breaches of the Treaty on encouragement and reciprocal protection of investments between the Czech and Slovak Federal Republic and the Kingdom of the Netherlands. Luckily, the arbitration committee in this case dismissed all of Achmea’s claims, and recognised the sovereignty of the Slovak Republic to make these kinds of policy decisions.

Now imagine what happens when TTIP is implemented, on a massive scale and in a vast area across many different industries? What sovereignty do we have left when we have to think about protecting the profits of huge corporations with each and every policy decision?

Investor-State Dispute Settlement is wholly unnecessary

Protecting investments by means of arbitration committees only makes sense if your trading partner is a country without a well-developed and functioning legal system. It does not make sense whatsoever in the context of a free trade deal between the United States and the EU, since European countries do have functioning legal systems. It isn’t a union of banana republics. At least not yet. So any investment arbitration mechanism in the TTIP treaty that circumvents the nation states’ legal system is wholly unnecessary. The only reason it will make it into the treaty is to give big business a lot more power to overrule the decisions made by our elected representatives. One step closer to a United States of Europe, which in the vision of eurocrats the likes of Guy Verhofstadt is only complete when it stretches from California to the Caspian Sea.

Benito Mussolini, the fascist Italian dictator during WWII, once defined fascism as: the merger of the corporate with the state. When TTIP is passed, the corporate is the state! We will open our European markets up to American multinationals who, as we know, have little concern for labour standards, food safety regulations, and more. It will amount to us lowering our standards to theirs in the interest of “free trade”.  If we don’t lower our standards, that would imply that the United States would raise theirs, which is extremely unlikely to happen in the current political climate. It will introduce a dispute settlement system that is actively hostile to the very principle of democracy. And our parliaments will have no say in the matter. Despite what the average eurocrat says, these are very real dangers. But there are even more reasons not to want this trade agreement with the United States.

Free Trade? With the people who spy on their allies?

nsaRecently, news came out that the United States NSA spied on the German Chancellor and her most senior officials and also on the last 3 Presidents of the French Republic. These documents on WikiLeaks also reveal that the US has a decade-long policy of economic espionage, and is intercepting all French corporate contracts and deals valued over $200 million.

Two years after Edward Snowden’s revelations were made public, we have seen a move towards more secrecy, more surveillance, and more corporatism, and a lot less transparency and accountability. Transparency and accountability is also a major issue within the EU institutions and in particular the TTIP negotiations, but I’ll get to that it a bit.

Over the last 2 years we have seen moves by various European intelligence agencies to imitate the NSA and GCHQ in their capabilities. Just recently, the Dutch government released for public consulting a proposal aimed to give the AIVD, more power, authorising them to start tapping cable-bound communications.

Also, the FBI by means of James Comey and others in the US and UK (Cameron, May) are desperately trying to ban encryption, against all expert advice. Banning encryption makes us less secure, preventing, for example, banks and corporations from protecting our personal data against interception by criminals. Without encryption we cannot securely shop online, we cannot message online, businesses cannot keep their trade secrets confidential, etc. Encryption is essential to the internet, and essential to innovation.

The important point is this: Do we really want to increase cooperation in the areas of trade and industry, across all sectors, with the country that has been spying on us and disregards its own Constitution and rule of law? Do we really think that is in the interest of European citizens?

I wonder what would happen in the following hypothetical situation. Let’s say for the sake of argument that it is revealed that the Bundesnachrichtendienst (Germany’s foreign intelligence agency) has been spying on the last 3 US Presidents. Would the US then take the initiative and start negotiating a trade deal and much closer cooperation with the Europeans? Or would these actions be strongly condemned and action taken to prevent these actions in the future? I think we know what the response of the US in this hypothetical situation would likely be. However, in the real world, the US has been spying on the Europeans for decades on a massive scale, and we still don’t reconsider who our allies are?

verhofstadt_van_baalenWe still mindlessly follow the US lead when it comes to demonising Russia, we don’t consider what actions are in the best interest of European businesses, we continue to give the US great advantages as they continue to stir up trouble, start revolutions and regime changes in Ukraine, hurting stability in the entire region, with MEPs Verhofstadt & Van Baalen joining in, calling for regime change on Maidan square.

The fact that US foreign policy is not a force of good in the world would already be grounds to scrap this entire treaty altogether.

Europe’s democratic deficit

ostrakon

An Ancient Greek ὄστρακον (ostrakon), mentioning Megacles, son of Hippocrates (inscription: ΜΕΓΑΚΛΕΣ ΗΙΠΠΟΚΡΑΤΟΣ), 487 BC. In the ancient Athenian democracy, ὄστρακον were pieces of discarded pottery that people would scratch a name into to cast their vote of who to banish from the city.

Some people may accuse me of being Eurosceptic. That is not the case: I like the concept of European cooperation and integration, I have many clients across Europe, I like the fact that I am able to travel, live, and work anywhere in the European Union. That is not the problem, and in fact, one of the greatest achievements of close European cooperation.

What is the problem, however, is the clear lack of democracy and transparency at the European level at various European institutions. European elections are held to elect Members for a small piece of the pie that is the European Parliament (depending on the country you’re from the piece may be bigger or smaller), but other than that, the European institutions are completely closed from all meaningful interactions with European citizens. The Commission is not elected, and all other European institutions that make or influence European policy also have unelected officials who decide on things. We have 4 different Presidents responsible for God knows what, and all unelected. This is the major problem with the Union, and the thing in my opinion needs to be fixed before we start thinking about further expansion, or the transfer of even more powers to Brussels.

Europe should embrace democracy, not eschew it, like we could see yet again prior to the latest Greek referendum, when various European leaders made threats to the Greek people about the consequences should they not agree to more austerity. Even the President of the European Parliament, Mr. Martin Schultz has made such threats, which is wholly unbecoming of a President of a poor excuse of a Parliament, who should be above all parties, and adhere to independence from such political opinions.

Democracy is a great concept, invented in the 5th century BCE by the ancient Athenians in Greece. We should do more of it!

The Sad Truth

The sad truth regarding TTIP is that — based on the resolution just passed by the EP — I can already make the prediction regarding the final verdict of the European Parliament when the TTIP final document is finally presented to them: they will pass it, and it’ll probably include some sort of ISDS provision. There will probably be time pressure involved, requiring MEPs to read and interpret thousands of pages of legalese in a very short time-frame, which ensures that no MEP will actually read the document they vote on.

And when TTIP is passed, corporate fascism in Europe has won.

The Internet of Privacy-Infringing Things?

Let’s talk a little bit about the rapid proliferation of the so-called Internet of Things (IoT). The Internet of Things is a catch-all term for all sorts of embedded devices that are hooked up to the internet in order to make them “smarter,” able to react to certain circumstances, automate things etcetera. This can include many devices, such as thermostats, autonomous cars, etc. There’s a wide variety of possibilities, and some of them, like smart thermostats are already on the market, with autonomous cars following closely behind.

According to the manufacturers who are peddling this technology, the purpose of hooking these devices up to the internet is to be able to react better and provide more services that were previously impossible to execute. An example would be a thermostat that recognises when you are home, and subsequently raises the temperature of the house. There are also scenarios possible of linking various IoT devices together, like using your autonomous car to recognise when it is (close to) home and then letting the thermostat automatically increase the temperature, for instance.

There are myriad problems with this technology in its current form. Some of the most basic ones in my view are privacy and security considerations. In the case of cars, Ford knows exactly where you are at all times and knows when you are breaking the speed limit by using the highly-accurate GPS that’s built into modern Ford cars. This technology is already active, and if you drive one of these cars, this information (your whereabouts at all times, and certain metrics about the car, like the current speed, mileage, etc.) are stored and sent to Ford’s servers. Many people don’t realise this, but it was confirmed by Ford’s Global VP of Marketing and Sales, Jim Farley at a CES trade show in Las Vegas at the beginning of this year. Farley later retracted his statements after the public outrage, claiming that he left the wrong impression and that Ford does not track the locations of their cars without the owners’ consent.

Google’s $3.2 billion acquisition

google-nest-acquisition-1090406-TwoByOneNest Labs, Inc. used to be a separate company making thermostats and smoke detectors, until Google bought it for a whopping $3.2 billion dollars. The Nest thermostat is a programmable thermostat that has a little artificial intelligence inside of it that enables it to learn what temperatures you like, turns the temperature up when you’re at home and turns it down when you’re away. It can be controlled via WiFi from anywhere in the world via a web interface. Users can log in to their accounts to change temperature, schedules, and see energy usage.

Why did Google pay such an extraordinary large amount for a thermostat company? I think it will be the next battleground for Google to gather more data, the Internet of Things. Things like home automation and cars are markets that Google has recently stepped into. Technologies like Nest and Google’s driver-less car are generating massive amounts of data about users’ whereabouts and things like sleep/wake cycles, patterns of travel and usage of energy, for instance. And this is just for the two technologies that I have chosen to focus my attention on for this article. There are lots of different IoT devices out there, that eventually will all be connected somehow. Via the internet.

Privacy Concerns

One is left to wonder what is happening with all this data? Where is it stored, who has access to it, and most important of all: why is it collected in the first place? In most cases this collecting of data isn’t even necessary. In the case of Ford, we have to rely on Farley’s say-so that they are the only ones that have access to this data. And of course Google and every other company out there has the same defence. I don’t believe that for one second.

The data is being collected to support a business model that we see often in the tech industry, where profiles and sensitive data about the users of a service are valuable and either used to better target ads or directly sold on to other companies. There seems to be this conception that the modern internet user is used to not paying for services online, and this has caused many companies to implement the default ads-based and data and profiling-based business model. However, other business models, like the Humble Bundle in the gaming industry for instance, or online crowd-funding campaigns on Kickstarter or Indiegogo have shown that the internet user is perfectly willing to spend a little money or give a little donation if it’s a service or device that they care about. The problem with the default ads-based business model discussed above is that it leaves the users’ data to be vulnerable to exposure to third parties and others that have no business knowing it, and also causes companies to collect too much information about their users by default. It’s like there is some kind of recipe out there called “How to start a Silicon Valley start-up,” that has profiling and tracking of users and basically not caring about the users’ privacy as its central tenet. It doesn’t have to be this way.

Currently, a lot of this technology is developed and then brought to market without any consideration whatsoever about privacy of the customer or security and integrity of the data. Central questions that in my opinion should be answered immediately and during the initial design process of any technology impacting on privacy are left unanswered. First, if and what data should we collect? How easy is it to access this data? I’m sure it would be conceivable that unauthorized people would also be able to quite easily gain access to this data. What if it falls into the wrong hands? A smart thermostat like Google Nest is able to know when you’re home and knows all about your sleep/wake cycle. This is information that could be of interest to burglars, for instance. What if someone accesses your car’s firmware and changes it? What happens when driver-less cars mix with the regular cars on the road, controlled by people? This could lead to accidents.

Vulnerabilities

And what to think of all those “convenient” dashboards and other web-based interfaces that are enabled and exposed to the world on all those “smart” IoT devices? I suspect that there will be a lot of security vulnerabilities to be found in that software. It’s all closed-source and not exposed to external code review. The budgets for the software development probably aren’t large enough to accommodate looking at the security and privacy implications of the software and implementing proper safeguards to protect users’ data. This is a recipe for disaster. Only when using free and open source software can proper code-review be implemented and code inspected for back-doors and other unwanted behaviour. And it generally leads to better quality software, since more people are able to see the code and have the incentives to fix bugs, etc. in an open and welcoming community.

Do we really want to live in a world where we can’t have privacy any more, where your whereabouts are at all times stored and analysed by god-knows who, and all technology is hooked up to each other, without privacy and security considerations? Look, I like technology. But I like technology to be open, so that smart people can look at the insides and determine whether what the tech is doing is really what it says on the tin, with no nasty side-effects. So that the community of users can expand upon the technology. It is about respecting the users’ freedom and rights, that’s what counts. Not enslaving them to closed-source technology that is controlled by commercial parties.

Life, Liberty and the Pursuit of Snowden

Note: This article is also available in Portuguese, translated by Anders Bateva.

US Declaration of Independence237 years ago, 56 traitors to their King and country signed a document which outlined a new philosophy, that all men are created equal, that they are endowed by their creator with certain unalienable Rights. That among these are Life, Liberty, and the Pursuit of Happiness. This gave birth to a new nation, the United States of America. Funny how your perception can change depending on your viewpoint and background, isn’t it? In 1776, these 56 signatories of the United States Declaration of Independence did something very brave indeed. They took a stand against the Empire on which the sun never sets, the British Empire, because it failed to embody and represent what they believed in: that it should be the task of the government to secure the above rights, and that governments derive their just powers from the consent of the governed. And that whenever the government becomes destructive of these ends, it is the right of the people to alter or abolish it. These men are considered patriots by many Americans, because in defying the King of Great Britain in 1776, they founded the United States of America, a nation once conceived on these noble principles. A nation that sadly no longer adheres to the philosophy laid down it its Declaration of Independence. Had history played out differently, these men could have been tried for high treason and hung, drawn and quartered. These men took a huge personal risk based on what they personally believed in. You have to remember, back in 1776, the British Empire was a superpower, quite similar to the roles the United States, Russia and China play today. But history is written by the victors, as they say.

SnowdenEdward Snowden

Now, Snowden blew the whistle because he recognized the government failed to defend the rights of the people, failed to embody the spirit in which it was founded 237 years ago. This is an incredibly brave thing to do. Just think about it: he had to leave his friends and family and his entire life behind and can probably never visit his friends and family again, because he did what he felt was right: expose the crimes committed by the US government. By many he is now branded a traitor, similar to how those 56 signatories were viewed by a portion of the British people back in the day. I sincerely hope Snowden will stay safe. One of the things that struck me when following the Snowden story, is that the media spin machine is now in full swing, trying to come up with dirt on both Edward Snowden, and the journalist who published the story in the Guardian: Glenn Greenwald. The goal of course, is to slowly make the media shift their focus away from the main story, and onto petty things instead, like the obsession with Snowden’s girlfriend, or whether Greenwald should be charged with a crime or not. The goal of those manipulators behind the scenes is to discredit the source who has been leaking this classified but vitally important information, so that eventually people will start to no longer believe him. By discrediting the whistle blower, they hope to also discredit his story. Don’t they get it? Don’t they get that transparency, and democratic oversight, checks and balances are what any government that claims to be a government of the people, by the people and for the people desperately needs? Precisely those things that it is now sorely lacking. By having informed, intelligent citizens, we increase overall safety and national security. We don’t make our nations any safer by scaring our citizens and beating them into submission. But as of late, the truncheon is used in lieu of conversation more and more…

Meanwhile in Europe…

Here in Europe, we saw politicians finally taking a stand against the NSA PRISM program, but sadly only because it was in their own self-interest to do so. It wasn’t until Snowden released documents proving that the United States had been spying on European diplomats in Washington, New York and Brussels, as was published in Der Spiegel on July 1st, that we finally got some strong language from some European leaders, with François Hollande even threatened to suspend the trade pact talks with the US. This delayed reaction by European politicians seems to send the message to the European citizens that it’s apparently perfectly OK to spy on European citizens (politicians here were awfully quiet when the story broke), as long as the Americans are not spying on our diplomats and politicians. Oh, and if you’ve heard the NSA’s stories about ‘metadata’, and you’re wondering what ‘harmless metadata’ really means, be sure to check out German Green Party Member Malte Spitz’s six months of telephone records mapped on a moving map. It’s quite a humbling experience. 🙂 Update: Since I wrote this article on July 2nd, 2013, things have changed even more dramatically, as long-established diplomatic principles in international law have been grossly violated by denying President Morales’ plane access to French, Spanish, Italian and Portuguese airspace, causing it to have to divert to Vienna when the president was on his way home from a summit in Moscow. Of course, this caused massive anger in Latin America. The real problem we now have in Europe are leaders with rubber knees. We have our brain, and our sovereignty. Let’s start using it.