Wednesday

4th May 2016

Obama promises not to spy on EU leaders

US President Barack Obama has said he will not spy on EU leaders or conduct economic espionage, but will continue snooping on ordinary US and EU citizens.

He made the pledge in a TV speech on Friday (17 January) in reaction to the Edward Snowden leaks.

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  • Obama: 'No one expects China to have an open debate about their surveillance programmes' (Photo: whitehouse.gov)

“I’ve made clear to the intelligence community that unless there is a compelling national security purpose, we will not monitor the communications of heads of state and government of our close friends and allies,” he said.

“We do not collect intelligence to provide a competitive advantage to US companies or US commercial sectors,” he added.

He justified the mass-scale collection of information on ordinary US or foreign nationals’ telephone calls, however.

“Why is this necessary? The programme grew out of a desire to address a gap identified after 9/11 … [It] was designed to map the communications of terrorists so we can see who they may be in contact with as quickly as possible,” he noted.

He promised to create a data privacy tsar to implement new safeguards.

The measures, enshrined in an executive order, centre round the future storage of intercepted phone data by an independent agency, which can only be accessed “after a judicial finding or in the case of a true emergency.”

Obama also ordered one of his spy chiefs, James Clapper, to draft better protection for US citizens whose internet data is caught in the NSA's overseas operations.

He did not give non-US citizens any right of redress in US courts, however.

He also made no reference to the NSA's most controversial exploits.

He said nothing on its introduction of bugs into commercial encryption software, on burglarising undersea cables, on hacking internet and phone companies, or bugging EU officials.

He also defended America’s right to spy in general.

He said: “The whole point of intelligence is to obtain information that is not publicly available.”

Counter-terrorism aside, he added: “Our intelligence agencies will continue to gather information about the intentions of governments … around the world in the same way that the intelligence services of every other nation does. We will not apologise simply because our services may be more effective."

He noted that some foreign leaders “feigned surprise” on the Snowden leaks, while others “privately acknowledge” they need the NSA to protect their own countries.

He also claimed the US handling of the Snowden affair shows its respect for democratic values.

“No one expects China to have an open debate about their surveillance programmes or Russia to take privacy concerns of citizens in other places into account,” the US President noted.

For its part, the European Commission welcomed Obama's words in a communique published shortly after he finished speaking.

“President Obama's remarks and action show that the legitimate concerns expressed by the EU have been listened to by our US partner,” it said.

It promised to push for more, however.

It said it will seek “an improvement of the Safe Harbour scheme,” an EU-US pact on data handling by US firms.

It will also seek “the swift conclusion of an umbrella agreement on data protection in the area of law enforcement that will guarantee enforceable rights for EU citizens, including judicial redress.”

The European Parliament, which held an inquiry into the NSA affair, was more sceptical.

British centre-left deputy Claude Moraes, its NSA rapporteur, said Obama’s reaction is “substantial” but “weighted towards … a concerned US audience.”

He added that “lack of clarity” on the new safeguards mean “his comments may not have been enough to restore confidence.”

German Green MEP Jan Philipp Albrecht, who also took part in the NSA inquiry, was more critical.

He told EUobserver: “My impression is he [Obama] is making a change in rhetorical terms, not in subtance.”

Albrecht said almost all NSA programmes, including Prism, which intercepts data held by internet firms like Google and Microsoft, “will be the same as before, there are no changes.”

He also said people should pay attention to the small print in Obama’s language.

He noted that the ban on spying on friendly “heads of state and government” leaves the US free to spy on lower-rank officials, such as foreign ministers.

He also noted that Obama included numerous "security carve-outs."

For instance, the NSA can still bug German Chancellor Angela Merkel’s phone if “there is a compelling national security purpose."

“European leaders will have to decide if they want to follow him, and lose the trust of their citizens in their ability to safeguard their basic rights,” Albrecht said.

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