In “an unusual move,” US government asks to join key EU Facebook privacy case

The US government has asked to be joined as a party in the Irish High Court case between the Austrian privacy activist and lawyer Max Schrems, and the social network Facebook. Schrems called this "an unusual move." He said that there are no documents relating to the "amicus curiae"—friend of the court—request yet. "The US government simply appeared via a barrister at the first (administrative) hearing today," he said. "They will be able to file the documents until the 22nd."

Schrems speculated that the US government has made this move because it wanted to defend its surveillance laws before the European Courts. "I think this move will be very interesting," he said. "The US has previously maintained that we all misunderstood US surveillance." The Court of Justice of the European Union struck down the Safe Harbour agreement between the EU and the US largely because of fears that personal data sent from the EU to the US would be subject to US surveillance without sufficient safeguards. The latest move seems to be an attempt by the US government to convince European courts that personal data is adequately protected when it is transferred to the US. But as Schrems notes, the US government's bold approach carries risks. "Compared to diplomatic talks with the EU and EU member states, as well as public statements in the United States, it will not be protected by US laws on confidentiality and be placed under oath," he wrote. "The party that gives evidence on behalf of the US government could therefore face severe consequences, if he does not truthfully answer all questions raised on US mass surveillance."