Re: Nothing rhymed
I don't think that's how any of that worked. The history seems to be that some people worked out a way for laws to not conflict maybe while others did what they wanted to, in many cases ignoring even those people trying to stretch the letter of the law. Those who created the spying programs didn't care what the law said they could do, or even what their own lawyers said they could contort the text into allowing, but instead did everything they could come up with. When laws changed or courts informed them that they needed to stop, they just didn't and waited for the next case.
Take this chunk from the decision:
“in situations where a Member State is facing a serious threat to national security that proves to be genuine and present or foreseeable, that Member State may derogate from the obligation to ensure the confidentiality of data relating to electronic communications by requiring, by way of legislative measures, the general and indiscriminate retention of that data for a period that is limited in time to what is strictly necessary, but which may be extended if the threat persists.”
Here's how that chunk will get used:
"in situations where a Member State is facing a serious threat to national security that proves to be genuine and present or foreseeable,"
"foreseeable". "Foreseeable"! "FORESEEABLE"! As long as the people at the spying organizations can foresee something bad, they can do many things. I can foresee bad things with ease, and I guarantee you that they can foresee much worse things. Here they have complete authority to activate the powers granted them in the rest of the quote. But of course that section will still impose serious limits:
"that Member State may derogate from the obligation to ensure the confidentiality of data relating to electronic communications"
All good so far, they can throw away their responsibilities. Restrictions are coming, right?
"by requiring, by way of legislative measures,"
Oh no. They'll have to get the legislature's support. This is a major blow, because they'll have to inform the public about what they're doing and why. Except the laws being challenged here already support the measures, so nothing new is required.
"the general and indiscriminate retention of that data"
Well, they didn't hold back about adding sufficient adjectives to let the organizations do whatever they want, did they?
"for a period that is limited in time to what is strictly necessary,"
Ah, they're throwing us a bone. They can do whatever they want, but only for a limited time. Then they have to throw out their data and start over. At least they'll only have a year of my data at any time. Sure it'll be the most recent year, but still, it's nice that they're giving me that.
"but which may be extended if the threat persists."
Remember that the threat will persist for as long as someone can foresee it. And that nobody gets to decide that the foresight is wrong or question whether the threat persisted. I foresee that a new country will form called Evilania, and it will invade our country. As long as I continue to foresee it, I can extend the retention timeline as long as I like.