Microsoft Blog Post on Safe Harbour. A Different Perspective

The collapse of the US-EU Safe Harbor: Solving the new privacy Rubik?s Cube is a post on the official Microsoft’s blog that is gaining momentum since it is possibly the first “cooled down” analysis of the EUCJ decision on Safe Harbour. Though well articulated, nevertheless, I think that the “hook” where the chain of reasoning hangs is weak.

I don’t think we should go for “global laws” because of the technological evolution.

“Global laws” means “Single Government” or, in other words, the end of democracy.

From a legal standpoint, the technological evolution is irrelevant because technology only affects the way things are done and not the right to do it.

You don’t need to amend the provision that punishes killing or manslaughtering everytime that somebody figure out some “creative” mode to put a R.I.P. stone over somebody else head. Or, dealing with the technological “evolution”, you don’t need a new provision to sanction hate speeches, personal life intrusions, libel and defamation, stalking and so on “just” because of the Internet. The illegal behaviours were already there before the computer era.

Furthermore, we all know that law is rather Lobbyists’s pressures, political mediation, economic and financial differences driven, than God-inspired.

Guess who would going to write this “Global Regulation”?

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