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The Datagate Legal Implication under German Law

An interesting article from Axel Spies, a Washington-based ICT lawyer, assesses the impact of the US spying over the German Chanchelor, Angela Merkel.

Here is an excerpt from the “Conclusion” section:

Most Blog participants were more pessimistic about the legal remedies having any leverage against spying. To quote a key statement in the Blog: “What Germany can “legally” do against wiretapping is likely to be on a similar level as asking what Pakistan can do ” legally” against U.S. drone attacks on its territory. Politically, maybe some counteraction in the areas of punitive tariffs on imports from the U.S. or the termination of international treaties is conceivable. But this is less a question of being allowed, rather than being able to follow through with sanctions and thus hardly the subject of a legal discussion.” Müller further added this observation: “If there were an effective counter-espionage [in Germany], also against supposed “friends” [in the U.S.], then it would hardly be possible to spy on the head of a befriended government’s private and political communication.”

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