Bert Hubert | Attendees Microsoft conference live in the past

In November Bert Hubert attended a Microsoft conference [1]. In his article Hello Europe, Joe Biden is gone he describes that the attendees seemed to think nothing has changed in the world:

most of the discussion lived in a glorious past where the rule based order is going strong (it isn’t). (…)
discussions assumed that the US government was conducting business as usual (“Joe Biden/Barack Obama”), that the rule of law was doing well there, and that the US Supreme Court would stick to existing case law.

Hubert could not stand this and asked to think about the real world:

I asked if we should not spend more time on the reality and not on legal fictions

and only received formal legal responses that did not address his concerns about the large-scale retention of European citizens’ personal data in the US [2], e.g. based on the expected EU data retention legislation [3] and the upcoming EU-rules regarding effective and lawful access to data for law enforcement.

 

Notes:

[1] Title: “Justice, Security and Fundamental Rights: Dialogue on EU Law Enforcement Policies”.

[2] “So please, European thinkers & policy makers, do wake up, and legislate and rule based on the reality that is staring us in the face: the US is no longer a reliable partner, is not sticking to its case law, the rule of law there is already in a dire state, and deteriorating rapidly.

[3] “Sadly, during many policy debates, no technical people are present, and “data retention” is discussed as an abstract measure for which we should craft harmonized legislation.
This allows us to minimize what this is all about (“who you called and for how long”), and might end up legislating a 12 month storage of all locations of all EU phone users (which by now includes cars and e-bikes as well). And that would be terrifying.

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