Computers, Privacy & the Constitution

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AliceBertramSecondPaper 4 - 19 Apr 2015 - Main.EbenMoglen
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-- AliceBertram? - 14 Feb 2015
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-- AliceBertram? - 14 Feb 2015
 

The German Supreme Court on hearing Snowden in the Parliament's NSA-investigation committee

-- By AliceBertram? - 14 Feb 2015

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Ping-pong between factions - Will Snowden be a heard in Berlin and protected against extradition?

About a month after the NSA-investigation committee was set up on March 20th 2014, the Members of the committee unanimously decided to request Edward Snowden to be a witness in the investigations. The decision had been postponed once before and even now, the committee did not decide on which terms he was to come to Berlin to be heard.

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 Other than that, it seems an odd choice to only address the Supreme Court in this matter and not, on basis of section 36 Investigation-Committee-Law, also the German Federal Court which holds jurisdiction over all procedural matters.

In total, this claim might have been a outreach towards the generally most trusted state organ, the Supreme Court, asking for support in an uphill battle against a coalition which seems to be opposing progress in the committee. But because the claim was inadmissible, it went by mostly unnoticed by the public.

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I don't understand the essay. This is just some low-level political maneuvering between the Chancellor and her incapable opposition. The parliamentary performance is utterly unimportant: no one thinks that Edward Snowden is going to be given asylum in Germany. Nor are the legal ancillaries to the conduct of ordinary politics of any lasting significance. So the draft reads like a category mistake (treating law as a separate object from politics, which might just be insane German legitimism) about something too small to be important at all.

The route to improvement is to begin by showing why all this matters. If something is really happening here beyond the largely incompetent performance of political theater, what is the something? Why does it matter? Put that in the top of the piece, rather than some pseudo-portentous deadline, so that the reader can find out from the beginning why the repulsive details are important, in the hope that she will continue to find the consequent discussion of them worth reading.

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