Argument: Investigating a sideshow

The issue of the United States bugging Merkel and whether Germany can reach an agreement to prevent spying in the future is really a sideshow. The bugging of one person no matter how important does not matter. Much more important is the protection of the internet and internet freedom. This German Interior Minister de Maiziere [1] says is what is most important and Germany can work with the USA on it “There are organized criminals, who are interested in our transactions. There are business models that aim to sell individuals' profile images, and so on… The protection of the Internet, against whomever, that is our common purpose, and not just this fixation on the NSA.” [2] Germany should not be fixing on what the NSA has done but be looking at the broader picture.

[1] NB the German government changed on 17th December with a resulting reshuffle

[2] Deutche Welle, ‘German Interior Minister de Maiziere warns over NSA 'fixation'’, dw.de, 10 January 2014, http://www.dw.de/german-interior-minister-de-maiziere-warns-over-nsa-fixation/a-17373037

Candidate 1: "A failure by the United States to agree to a no spy agreement already damages relations. One of the leaders of the SPD, Thomas Oppermann, has said “failure of the agreement would be unacceptable” and would “change the political character of relations.” [1] If the US is willing to damage relations by stonewalling then should the Germans really be considering US diplomatic feelings in the matter? The United States gains from its relations with Germany as well as the other way around. Stopping intelligence sharing as a result of a prosecution would be acting against US interests in fighting terrorism.

[1] Deutsche Welle, ‘Impasse at US-Germany ‘no-spying’ talks?’, dw.de, 14 January 2014, http://www.dw.de/impasse-at-us-germany-no-spying-talks/a-17361318"
Candidate 2: "Illegal under German law

Monitoring communications in Germany’s capital – including the communications of government leaders like Merkel would be illegal under German law. Numerous politicians, such as then interior minister Hans-Peter Friedrich have stated that those “responsible must be held accountable”. [1] There are even those, such as Gregor Gysi from the far left Left Party who say “The fact that the German government and the Federal Prosecutor isn't acting shows that their fear of the US government is greater than their respect for our legal system.” [2] When an act is illegal the state has a moral responsibility to prosecute that act. It should not be OK for another state to break the law simply because it is an ally and there is a desire to keep relations cordial.

[1] McGuinness, Damien, ‘US bugged Merkel's phone from 2002 until 2013, report claims’, BBC News, 27 October 2013, http://www.bbc.co.uk/news/world-europe-24690055

[2] Spiegel Staff, ‘Probing America: Top German Prosecutor Considers NSA Investigation’, Spiegel Online, 20 January 2014, http://www.spiegel.de/international/europe/nsa-syping-scandal-a-944415.html"
Candidate 3: "Doing nothing makes Merkel and Germany look weak

Politics is about action. The German government has to take some action on the issue of NSA surveillance and German privacy or it will look weak. Interior Minister Hans-Peter Friedrich went to Washington in July but was accused of “returning empty-handed” and having “not moved a single step forward on any of the key points”. [1] The stonewalling by the United States provides an opportunity for opponents to Damage Merkel’s new government as well as potentially to show gaps between the SDP and CSU. Merkel has been invited to visit Washington at some point in 2014 by President Obama, [2] Merkel can’t afford for her own diplomacy to have as little result as Friedrich’s.

[1] Deutsche Welle, ‘SPF, Greens slam Interior Minister Friedrich after US surveillance talks in Washington’, dw.de, 13 July 2013, http://www.dw.de/spd-greens-slam-interior-minister-friedrich-after-us-surveillance-talks-in-washington/a-16949123

[2] Reuters, ‘Obama invites Merkel to visit during call about trade, NATO’, 8 January 2014, http://www.reuters.com/article/2014/01/08/us-usa-germany-obama-merkel-idUSBREA071CR20140108"
Candidate 4: "If countries will not act on narrow issues involving privacy freedoms and internet surveillance even when their head of government is on the receiving end then what hope is there for the broader picture? There is no point in proclaiming everyone should follow the law then we would have no crime if there is no mechanism to punish those who commit crime. Germany should not let the NSA get away with its actions or it will surely do the same again in the future."
Candidate 5: "There is a big difference between justice not being done because the United States refuses to cooperate and justice not being done because German prosecutors could not get the evidence to bring charges. If the former there is at least a chance of a trial, possibly in abstention, where all the evidence can come out."
Candidate 6: "No chance of an agreement with the USA

The German government has been working towards a ‘no-spy agreement’ with the United States. It however looks unlikely that such a deal will every become a reality with officials saying “we won't get anything” and “the Americans lied to us” about the chances of an agreement. [1] German officials have also been disparaging of Obama’s new announcements on restrictions of the NSA; Roettgen, a member of Merkel’s party says “The fundamental question is, should security services be able to do everything they’re technically able to do, Obama essentially said ‘yes’”. [2] If Germany can’t get an agreement then it has no choice but to act unilaterally.

[1] Medick, Veit, and Meiritz, Annett, ‘’The Americans Lied’: Trans-Atlantic ‘No-Spy’ Deal on the Rocks’, Spiegel Online, 15 January 2014, http://www.spiegel.de/international/germany/us-german-no-spy-deal-in-danger-of-failure-a-943614.html

[2] Donahue, Patrick, ‘Germany Says Obama’s Spying Pledges Fail to Address Concerns’, Bloomberg, 20 January 2014’, http://www.bloomberg.com/news/2014-01-20/germany-says-obama-s-spying-pledges-fail-to-address-concerns.html"

If countries will not act on narrow issues involving privacy freedoms and internet surveillance even when their head of government is on the receiving end then what hope is there for the broader picture? There is no point in proclaiming everyone should follow the law then we would have no crime if there is no mechanism to punish those who commit crime. Germany should not let the NSA get away with its actions or it will surely do the same again in the future.
