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by tremon
31 days ago
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Alternatively, you could perhaps read the summary at the top of the article and see that the actual analysis goes as follows: a) According to EU treaty law, the oversight on EU-US Data Transfers must be independent b) In the current EU-US deal, the European Commission relies on the independent FTC 259 times c) the US Supreme Court decided in Trump v. Slaughter that the US Federal Trade Commission (“FTC”) may not be independent anymore It is completely immaterial that the Supreme Grift ruling was not about the data transfers itself -- this is just some fallout from an activist court creatively reinterpreting established legal structures. > (b) the situation might progress in that direction (or it might not. Given that the closing paragraph contains the sentence "given that the US still exercises massive pressure on the EU to keep personal data flowing, noyb will also file a lawsuit in the coming weeks, aiming to allow the CJEU to annul the current deal" I think it's pretty clear that it will. |
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I did.
> “FTC” may not be independent anymore
It may, or it may not; we don't know. We don't know what EU Courts hold as a criterion for "independence," and we don't know what they will decide regarding that "independence" in light of the new fact that POTUS can fire its chief. People simply aren't good in reading the judges' minds, as evidenced by their going to courts -- if both sides could read minds, there wouldn't be any purpose in going to courts, after all. And don't underestimate the creativity of the courts -- they can align with one side, or the other, or produce an opinion completely different from both sides'.
I understand that the advocacy group in question considers this new fact as evidence that FTC is not independent anymore, but that doesn't matter; we need the courts' opinion, not my opinion or your opinion or the advocacy group's opinion. As stated, what we have in the article are predictions about future; I'm not saying these predictions are wrong and I'm not saying these predictions are right, I'm saying these are simply predictions and not facts.