Saturday, November 21, 2015

Irish Data Protection Commisioner


As another Lame Cherry exclusive in matter anti matter.

I had contacted the Irish Counsel for Facebook, over their spying on people in what was being investigated in Europe, while Americans were given absolutely no safety from this malevolent corporation, which is funding "idealistic slavery foundations" to keep up human traffick.

I can not say enough good about he Irish Counsel. They were prompt and courteous, and very professional. I can not as all of you who have had experience, can say the same thing about the cowardly, malevolent and 1984 exploitation Facebook and their creeper minder for the NSA, in Mark Zuckerberg.

I waited without one response from Facebook to answer the questions about exactly what Facebook's interaction was with the the NSA. Which of course infers, that as my other two requests for answers to questions as a journalist about Facebook's censoring and seizure of my account, even though they had my Journalist credentials, birth certificate and my public identification. Proving of course that none of this was about verification, but about terrorizing a citizen.

This is about another example of good people like the Irish legal system being employed by this nefarious conglomerate, which cares nothing about the rule of law, or making itself accountable to the public or the courts.

I publish this after giving Facebook full opportunity to address the questions, but as the criminal cowards they are, in manipulating on the edge people who then commit suicide as Mark Zuckerberg squeezes a few more pennies in his billions exploiting it from a world in an Obama Super Depression.

My correspondence to Irish Legal Counsel, Rossa Fanning and his courteous response.

 Mr. Rossa A. Fanning
Suite 3.47.2 Distillery Building 145 Church St. Dublin 7

Dear Mr. Fanning,

I am requesting please a media clarification for a Bloomberg article, in which you were featured as legal counsel, for the American corporation, Facebook.

In court testimony, it was stated that your client was fully compliant with Irish and EU laws. Facebook though out of court, issued these statements which have been reported:

“Facebook is not and has never been part of any program to give the U.S. government direct access to our servers,” the company said in a separate e-mailed statement. “We will respond to inquiries from the Irish Data Protection Commission as they examine the protections for the transfer of personal data under applicable law."

What I am asking for a clarification of please, is the Facebook press release something which was legally vetted by you? My reason for the follow up sir, is the Americans often are very clever in their nuances, by inserting a fact such as "never been part of a program to give the U.S.  government direct access to our severs", would require a follow up by Ireland's Data Protection, of "If Facebook has never been part of a government program, to give direct access to their servers, has Facebook then been not part of a program, but received funding from the intelligence agencies indirect access to their servers?"

Again the legal point being, Facebook may have cleverly minced the facts in the government may not have had direct access, but through funding, Facebook may have allowed indirect access by the American NSA.
That is what my clarification is focused upon Mr. Fanning, if Facebook's released statements in America are cleared legally by yourself, or if they are utilizing your legal presence in Ireland, to release their own American "spin" to divert from the court case which you are dealing with, based upon the too numerous proven leaks of Edward Snowden, which began exposing all of what the Obama regime has been engaged in globally.

Thank you for your time in reading this correspondence Mr. Fanning.  I appreciate your clarification in this.


Lame Cherry
Mr. Fanning's Response

Dear M. Cherry,

I am afraid it is not part of my role to respond to media inquiries and I would not be authorised to do so on behalf of my client.

I am copying my instructing solicitor who will refer your query to somebody appropriate in the Facebook organisation, but I have no authority to comment beyond what was said in Court today.

I am sorry I cannot be of any more assistance.


Rossa Fanning

Rossa Fanning BL
Law Library Building
145-151 Church Street
Dublin 7
DX: Dublin 81 5606

Rossa Fanning

Ireland will investigate a complaint about U.S. spies potentially accessing Facebook Inc. users’ private details after the European Union’s highest court overturned a trans-Atlantic pact that allowed the free flow of such data 15 years ago.
Ireland’s Data Protection Commissioner agreed to probe the complaint by Austrian law student Max Schrems following the landmark Oct. 6 ruling by the EU Court of Justice, Paul Anthony McDermott, a lawyer for the authority, said in a Dublin court on Tuesday. The Irish data watchdog’s initial refusal to examine the complaint triggered the EU court case, which led to the banning of the so-called safe-harbor accord, struck between the EU and U.S. in 2000.
That original decision “must now fall” and the Irish regulator “must investigate,” McDermott said. He said the probe wouldn’t be delayed.
The EU’s top court based in Luxembourg focused on the validity of the data-sharing accord in the light of revelations by former National Security Agency contractor Edward Snowden about U.S. government surveillance activities and mass data collection. Last year, an Irish judge asked the top EU court to decide on key points in the Schrems case -- seeking guidance on whether the safe harbor still protects privacy and whether national regulators have the power to suspend illegal data flows from the EU to the U.S.

Fully Compliant

Facebook’s lawyer Rossa Fanning said in court the company is fully compliant with Irish and EU law and will be involved in the Irish authority’s investigation.
“Facebook is not and has never been part of any program to give the U.S. government direct access to our servers,” the company said in a separate e-mailed statement. “We will respond to enquiries from the Irish Data Protection Commission as they examine the protections for the transfer of personal data under applicable law."
The Irish case comes alongside parallel litigation in Vienna, where Schrems sought a class action against Facebook, alleging the company violated European privacy rules with its data policy by complying with the U.S. NSA’s Prism program, under which companies turned over user data to the government.
In June, a Vienna court rejected the class action. Facebook said the appeal by Schrems was also overturned with a decision saying he can’t pursue litigation on behalf of others in court. The social network said that “litigation was unnecessary.”

Filed 22 Complaints

This month’s decision at the top EU court gives teeth to Schrems’s actions in Ireland, because Facebook has its European base in the country and the Irish privacy commissioner is the one in charge of the company in the region.
Schrems alleged that Facebook’s Irish unit illegally handed over data to U.S. spies. He had previously filed 22 complaints against the company.
Facebook, like other tech giants, have been reeling from the effects of the Snowden revelations in 2013. The companies have been trying to assure their users or customers that their products are secure and that they don’t willingly turn over data to the U.S. government.