New Thread: Int'l Law

[Michael Froomkin - U.Miami School of Law]

I wonder if you could specify what you believe to be the source of the
privacy norm on your list.  I ask because there are currently several
processes under way at the international ministerial and law enforcement
levels for cooperation in wiretapping and the like, and I have seen no
sign of this norm in action.

It's true that there are a few trans-national norms regarding privacy,
e.g. the EU Directive, but I have not until now seen suggestions that they
rise to the level of international customary law, or even close.

Instead, I have seen very serious arguments that there is the opposite
norm: that there is a de facto norm allowing spying, or at least the
acquisition of communications intelligence.  Certainly to argue that the
norm is otherwise requires a very sophisticated means of distinguishing
norm-forming state conduct from norm-violating state conduct.

On Fri, 4 Aug 2000, Francisco Forrest Martin wrote:

> I would like to change the direction of the international law
> discussion towards the substantive areas in which present U.S. federal
> and state law is in conflict with the U.S.' international legal
> obligations.  Of course, everyone knows about the death penalty, but I
> think that many on this list will be surprised to learn of some other
> areas.  For example, did you know that international law
>
> - extends extraterritorial privacy protection (e.g., email, wire,
> telephone)?
>
>

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