SUBSCRIBE TO OUR FREE NEWSLETTER
Daily news & progressive opinion—funded by the people, not the corporations—delivered straight to your inbox.
5
#000000
#FFFFFF
To donate by check, phone, or other method, see our More Ways to Give page.
Daily news & progressive opinion—funded by the people, not the corporations—delivered straight to your inbox.
As part of an emerging international trend to try to 'civilize the Internet', one of the world's worst Internet law treaties--the highly controversial Council of Europe (CoE) Convention on Cybercrime--is back on the agenda.
As part of an emerging international trend to try to 'civilize the Internet', one of the world's worst Internet law treaties--the highly controversial Council of Europe (CoE) Convention on Cybercrime--is back on the agenda. Canada and Australia are using the Treaty to introduce new invasive, online surveillance laws, many of which go far beyond the Convention's intended levels of intrusiveness. Negotiated over a decade ago, only 31 of its 47 signatories have ratified it. Many considered the Treaty to be dormant but in recent years a number of countries have been modeling national laws based on the flawed Treaty. Moreover, Azerbaijan, Montenegro, Portugal, Spain, and the United Kingdom are amongst those who have ratified within the last year. However, among non-European countries, only the U.S. has ratified the Treaty to date, making Canada and Australia's efforts unique. The Treaty has not been harmless, and both Australia and Canada are fast-tracking legislation (Australia's lower house approved a cybercrime bill last night) that will enable them to ratify the Treaty, at great cost to the civil liberties of their citizens.
Leaving out constitutional safeguards
Australia's invasive bill highlights one of the fundamental flaws of the Convention on Cybercrime: the Treaty's failure to specify proper level of privacy protection necessary to limit the over-broad surveillance powers it grants law enforcement agencies. This creates problems in countries like Australia since, as the Australia Privacy Foundation points out, Australia lacks the legal constitutional safeguards afforded to many other democratic countries:
The CoE Convention has to be read within the context that applies in CoE countries - where there are substantial and actionable constitutional protections for human rights. The absence of any such countervailing protection for human rights in Australia makes it completely untenable for the Convention to be implemented in Australia without very substantial additional provisions that achieve a comparable balance.
Bills proposed in Canada (read here and here) are also affected by the Convention's flaws as they adopt the lowest possible standard of protection against many of the invasive powers they grant. The bills provide law enforcement access to sensitive data on the mere suspicion it might be useful to an investigation. Indeed, at times they leave out the safeguards altogether, as noted in a letter from Canadian privacy scholars and civil society organizations:
[the legislation] will give state agents the power to access ...highly sensitive personal information, even where there is no reason to suspect it will assist in the investigation of any offense...What [this] facilitates, simply put, are unjustified and seemingly limitless fishing expeditions for private information of innocent and non-suspicious Canadians.
Gag orders in place of oversight: Cultivating a culture of secrecy
The Convention's most systemic flaw is that it seeks to impose invasive surveillance powers without legal protections. Aside from failing to specify adequate safeguards, it also leaves out the types of oversight mechanisms necessary to ensure its broad powers are not abused. Worse, the Convention takes active steps to reduce oversight and transparency by calling for limitations on when individuals can and cannot be notified that they are being surveilled upon.
The Australian bill even criminalizes any attempt to disclose the fact that the powers it grants to law enforcement have been used to spy on an individual. These gag orders will prevent anyone from disclosing the existence and content of interception warrants, all but ensuring innocent individuals will never know their civil liberties have been violated:
...it should be possible for individuals to find out that their communications have been subject to a preservation order or disclosed to law enforcement agencies once there is no longer any prejudice to an ongoing investigation.
Nigel Waters, Australia Privacy Foundation, Parliamentarian hearing on the Cybercrime Bill.
Proposed Canadian legislation also paves the way to blanket and perpetual gag orders that will apply by default to the most invasive of the seizure powers it authorizes. These gag orders can insulate abuses of power --when innocent people are surveilled for no good reason--and they will never find out nor will be able to challenge the abuse of their rights, even in situations where there is no longer any risk to an ongoing investigation.
The far-reaching powers this legislation puts in place, if adopted at all, should be accompanied by equally far-reaching oversight regimes, not gag orders. Instead of preventing abuses from ever seeing the light of day, individuals should be notified when they have been surveilled, and the extent, nature and frequency of such surveillance must be subject to rigorous external oversight.
Tamir Israel, staff attorney, Samuelson-Glushko Canadian Internet Policy & Public Interest Clinic.
Blanket gag orders are strongly disfavored under U.S. law, and at least one U.S. court of appeals has found a similar gag order provision partially unconstitutional. A provision of the PATRIOT Act permitted the government to obtain electronic communication transaction records from an Internet Service Providers without a court order. The law imposed a gag order on "National Security Letter" recipients, with extremely limited judicial review that required courts to accept the FBI's assertions as true and placed the burden on the ISP to challenge the gag order after it had been issued. As EFF argued, such gag orders stifle free expression, and without any judicial oversight, the government was free to do what it wanted. The court agreed that the gag order provision was unconstitutional as written, but it construed the gag rules narrowly so as to pass First Amendment muster. The court found that the U.S. Justice Department could adopt additional procedures to cure the remaining defects--a result that EFF disagrees with because it is Congress's job to write laws.
Forcing service providers to record your online activity
Countries are also using the Convention to put in place powers aimed at forcing service providers to store customer information for extended periods of time. While the Convention itself foresees targeted preservation orders in scenarios where there is a reason to believe the information would otherwise be vulnerable to loss or modification, Australian and Canadian bills ignore this important limitation. Also, while the Convention envisions a distinction between orders forcing service providers to preserve data they have already collected and orders aimed at forcing service providers to intercept and record data in real time, the misuse of proactive or 'ongoing' preservation orders aims to undermine this distinction.
In the U.S. and in Canada, for example, there have been cases where preservation powers have been misused to proactively compel service providers to retain data such as email or text messages that are not yet in their possession or control. Proactive preservation force service providers to record data they would never have otherwise retained, effectively bypassing legal protections in place for real-time electronic interceptions. As the U.S. DOJ notes in its manual on seizing electronic communications:
...should not be used prospectively to order providers to preserve records not yet created. If agents want providers to record information about future electronic communications, they should comply with the electronic surveillance statutes discussed in Chapter 4.
Instead of attempting to avoid such problems, the Australian bill embraces this confusion, and expressly grants law enforcement the right to order 'ongoing preservation'. This, combined with the complete lack of any obligation to ensure preservation orders are narrowly targeted to capture relevant data at risk of deletion, opens the door to blanket retention orders aimed at real-time interception of communications services on a mass scale:
The Australian law, for example, is phrased in such broad terms that it could be applied indiscriminately, without any assurance that it will only be used to preserve data that is at risk of being destroyed:
The Bill could require an Internet Service Provider to preserve all stored communications (e.g. traffic and content data) for a telecommunications service (e.g. email, text messaging, mobile phone) for a specified period of time. Unless our concerns about the meaning of a 'service' are addressed, then under an ongoing domestic preservation notice, a Commonwealth agency could arguably request that a major carrier such as Telstra or Optus, preserve all emails used on its service for a 30 day period.
Australia Privacy Foundation Submission to the Parliament.
The proposed Canadian legislation also fails to ensure preservation demands will be used in a targeted manner and is likely to lead to voluntary retention of personal information that would not otherwise have been kept by telecommunications service providers.
Convention premised on outdated concepts of online data
The flaws inherent in the Convention itself are exacerbated by the fact that it was drafted over ten years ago and much has changed since then. The Convention was premised on the notion that 'traffic data' (data generated by computers as a by-product of online interactions) is 'less sensitive', and so should be more readily accessible to law enforcement. That was then, and this is now: Today's 'traffic data' can include such sensitive information as your otherwise anonymous online identity or your social network of contacts. Mobile companies and our Internet services providers are now recording our whereabouts at every moment, and we are leaving far more detailed footprints that reveal sensitive information of our daily lives. Sensitive data of this nature warrants stronger protection, not an all-access pass.
Other things have changed in the online environment as well. The ongoing move towards cloud computing means that more and more of our information will be stored online. Nowadays, countless millions are trusting web-based email services such as Google Gmail to store years worth of private correspondence, and cloud services such as Dropbox or Google Docs store your most private documents. The Treaty could not envision this reality when it was drafted in 2001. Governments must now think carefully about what the Treaty's increased law enforcement powers will mean for citizen rights in this new digital context.
Trump and Musk are on an unconstitutional rampage, aiming for virtually every corner of the federal government. These two right-wing billionaires are targeting nurses, scientists, teachers, daycare providers, judges, veterans, air traffic controllers, and nuclear safety inspectors. No one is safe. The food stamps program, Social Security, Medicare, and Medicaid are next. It’s an unprecedented disaster and a five-alarm fire, but there will be a reckoning. The people did not vote for this. The American people do not want this dystopian hellscape that hides behind claims of “efficiency.” Still, in reality, it is all a giveaway to corporate interests and the libertarian dreams of far-right oligarchs like Musk. Common Dreams is playing a vital role by reporting day and night on this orgy of corruption and greed, as well as what everyday people can do to organize and fight back. As a people-powered nonprofit news outlet, we cover issues the corporate media never will, but we can only continue with our readers’ support. |
As part of an emerging international trend to try to 'civilize the Internet', one of the world's worst Internet law treaties--the highly controversial Council of Europe (CoE) Convention on Cybercrime--is back on the agenda. Canada and Australia are using the Treaty to introduce new invasive, online surveillance laws, many of which go far beyond the Convention's intended levels of intrusiveness. Negotiated over a decade ago, only 31 of its 47 signatories have ratified it. Many considered the Treaty to be dormant but in recent years a number of countries have been modeling national laws based on the flawed Treaty. Moreover, Azerbaijan, Montenegro, Portugal, Spain, and the United Kingdom are amongst those who have ratified within the last year. However, among non-European countries, only the U.S. has ratified the Treaty to date, making Canada and Australia's efforts unique. The Treaty has not been harmless, and both Australia and Canada are fast-tracking legislation (Australia's lower house approved a cybercrime bill last night) that will enable them to ratify the Treaty, at great cost to the civil liberties of their citizens.
Leaving out constitutional safeguards
Australia's invasive bill highlights one of the fundamental flaws of the Convention on Cybercrime: the Treaty's failure to specify proper level of privacy protection necessary to limit the over-broad surveillance powers it grants law enforcement agencies. This creates problems in countries like Australia since, as the Australia Privacy Foundation points out, Australia lacks the legal constitutional safeguards afforded to many other democratic countries:
The CoE Convention has to be read within the context that applies in CoE countries - where there are substantial and actionable constitutional protections for human rights. The absence of any such countervailing protection for human rights in Australia makes it completely untenable for the Convention to be implemented in Australia without very substantial additional provisions that achieve a comparable balance.
Bills proposed in Canada (read here and here) are also affected by the Convention's flaws as they adopt the lowest possible standard of protection against many of the invasive powers they grant. The bills provide law enforcement access to sensitive data on the mere suspicion it might be useful to an investigation. Indeed, at times they leave out the safeguards altogether, as noted in a letter from Canadian privacy scholars and civil society organizations:
[the legislation] will give state agents the power to access ...highly sensitive personal information, even where there is no reason to suspect it will assist in the investigation of any offense...What [this] facilitates, simply put, are unjustified and seemingly limitless fishing expeditions for private information of innocent and non-suspicious Canadians.
Gag orders in place of oversight: Cultivating a culture of secrecy
The Convention's most systemic flaw is that it seeks to impose invasive surveillance powers without legal protections. Aside from failing to specify adequate safeguards, it also leaves out the types of oversight mechanisms necessary to ensure its broad powers are not abused. Worse, the Convention takes active steps to reduce oversight and transparency by calling for limitations on when individuals can and cannot be notified that they are being surveilled upon.
The Australian bill even criminalizes any attempt to disclose the fact that the powers it grants to law enforcement have been used to spy on an individual. These gag orders will prevent anyone from disclosing the existence and content of interception warrants, all but ensuring innocent individuals will never know their civil liberties have been violated:
...it should be possible for individuals to find out that their communications have been subject to a preservation order or disclosed to law enforcement agencies once there is no longer any prejudice to an ongoing investigation.
Nigel Waters, Australia Privacy Foundation, Parliamentarian hearing on the Cybercrime Bill.
Proposed Canadian legislation also paves the way to blanket and perpetual gag orders that will apply by default to the most invasive of the seizure powers it authorizes. These gag orders can insulate abuses of power --when innocent people are surveilled for no good reason--and they will never find out nor will be able to challenge the abuse of their rights, even in situations where there is no longer any risk to an ongoing investigation.
The far-reaching powers this legislation puts in place, if adopted at all, should be accompanied by equally far-reaching oversight regimes, not gag orders. Instead of preventing abuses from ever seeing the light of day, individuals should be notified when they have been surveilled, and the extent, nature and frequency of such surveillance must be subject to rigorous external oversight.
Tamir Israel, staff attorney, Samuelson-Glushko Canadian Internet Policy & Public Interest Clinic.
Blanket gag orders are strongly disfavored under U.S. law, and at least one U.S. court of appeals has found a similar gag order provision partially unconstitutional. A provision of the PATRIOT Act permitted the government to obtain electronic communication transaction records from an Internet Service Providers without a court order. The law imposed a gag order on "National Security Letter" recipients, with extremely limited judicial review that required courts to accept the FBI's assertions as true and placed the burden on the ISP to challenge the gag order after it had been issued. As EFF argued, such gag orders stifle free expression, and without any judicial oversight, the government was free to do what it wanted. The court agreed that the gag order provision was unconstitutional as written, but it construed the gag rules narrowly so as to pass First Amendment muster. The court found that the U.S. Justice Department could adopt additional procedures to cure the remaining defects--a result that EFF disagrees with because it is Congress's job to write laws.
Forcing service providers to record your online activity
Countries are also using the Convention to put in place powers aimed at forcing service providers to store customer information for extended periods of time. While the Convention itself foresees targeted preservation orders in scenarios where there is a reason to believe the information would otherwise be vulnerable to loss or modification, Australian and Canadian bills ignore this important limitation. Also, while the Convention envisions a distinction between orders forcing service providers to preserve data they have already collected and orders aimed at forcing service providers to intercept and record data in real time, the misuse of proactive or 'ongoing' preservation orders aims to undermine this distinction.
In the U.S. and in Canada, for example, there have been cases where preservation powers have been misused to proactively compel service providers to retain data such as email or text messages that are not yet in their possession or control. Proactive preservation force service providers to record data they would never have otherwise retained, effectively bypassing legal protections in place for real-time electronic interceptions. As the U.S. DOJ notes in its manual on seizing electronic communications:
...should not be used prospectively to order providers to preserve records not yet created. If agents want providers to record information about future electronic communications, they should comply with the electronic surveillance statutes discussed in Chapter 4.
Instead of attempting to avoid such problems, the Australian bill embraces this confusion, and expressly grants law enforcement the right to order 'ongoing preservation'. This, combined with the complete lack of any obligation to ensure preservation orders are narrowly targeted to capture relevant data at risk of deletion, opens the door to blanket retention orders aimed at real-time interception of communications services on a mass scale:
The Australian law, for example, is phrased in such broad terms that it could be applied indiscriminately, without any assurance that it will only be used to preserve data that is at risk of being destroyed:
The Bill could require an Internet Service Provider to preserve all stored communications (e.g. traffic and content data) for a telecommunications service (e.g. email, text messaging, mobile phone) for a specified period of time. Unless our concerns about the meaning of a 'service' are addressed, then under an ongoing domestic preservation notice, a Commonwealth agency could arguably request that a major carrier such as Telstra or Optus, preserve all emails used on its service for a 30 day period.
Australia Privacy Foundation Submission to the Parliament.
The proposed Canadian legislation also fails to ensure preservation demands will be used in a targeted manner and is likely to lead to voluntary retention of personal information that would not otherwise have been kept by telecommunications service providers.
Convention premised on outdated concepts of online data
The flaws inherent in the Convention itself are exacerbated by the fact that it was drafted over ten years ago and much has changed since then. The Convention was premised on the notion that 'traffic data' (data generated by computers as a by-product of online interactions) is 'less sensitive', and so should be more readily accessible to law enforcement. That was then, and this is now: Today's 'traffic data' can include such sensitive information as your otherwise anonymous online identity or your social network of contacts. Mobile companies and our Internet services providers are now recording our whereabouts at every moment, and we are leaving far more detailed footprints that reveal sensitive information of our daily lives. Sensitive data of this nature warrants stronger protection, not an all-access pass.
Other things have changed in the online environment as well. The ongoing move towards cloud computing means that more and more of our information will be stored online. Nowadays, countless millions are trusting web-based email services such as Google Gmail to store years worth of private correspondence, and cloud services such as Dropbox or Google Docs store your most private documents. The Treaty could not envision this reality when it was drafted in 2001. Governments must now think carefully about what the Treaty's increased law enforcement powers will mean for citizen rights in this new digital context.
As part of an emerging international trend to try to 'civilize the Internet', one of the world's worst Internet law treaties--the highly controversial Council of Europe (CoE) Convention on Cybercrime--is back on the agenda. Canada and Australia are using the Treaty to introduce new invasive, online surveillance laws, many of which go far beyond the Convention's intended levels of intrusiveness. Negotiated over a decade ago, only 31 of its 47 signatories have ratified it. Many considered the Treaty to be dormant but in recent years a number of countries have been modeling national laws based on the flawed Treaty. Moreover, Azerbaijan, Montenegro, Portugal, Spain, and the United Kingdom are amongst those who have ratified within the last year. However, among non-European countries, only the U.S. has ratified the Treaty to date, making Canada and Australia's efforts unique. The Treaty has not been harmless, and both Australia and Canada are fast-tracking legislation (Australia's lower house approved a cybercrime bill last night) that will enable them to ratify the Treaty, at great cost to the civil liberties of their citizens.
Leaving out constitutional safeguards
Australia's invasive bill highlights one of the fundamental flaws of the Convention on Cybercrime: the Treaty's failure to specify proper level of privacy protection necessary to limit the over-broad surveillance powers it grants law enforcement agencies. This creates problems in countries like Australia since, as the Australia Privacy Foundation points out, Australia lacks the legal constitutional safeguards afforded to many other democratic countries:
The CoE Convention has to be read within the context that applies in CoE countries - where there are substantial and actionable constitutional protections for human rights. The absence of any such countervailing protection for human rights in Australia makes it completely untenable for the Convention to be implemented in Australia without very substantial additional provisions that achieve a comparable balance.
Bills proposed in Canada (read here and here) are also affected by the Convention's flaws as they adopt the lowest possible standard of protection against many of the invasive powers they grant. The bills provide law enforcement access to sensitive data on the mere suspicion it might be useful to an investigation. Indeed, at times they leave out the safeguards altogether, as noted in a letter from Canadian privacy scholars and civil society organizations:
[the legislation] will give state agents the power to access ...highly sensitive personal information, even where there is no reason to suspect it will assist in the investigation of any offense...What [this] facilitates, simply put, are unjustified and seemingly limitless fishing expeditions for private information of innocent and non-suspicious Canadians.
Gag orders in place of oversight: Cultivating a culture of secrecy
The Convention's most systemic flaw is that it seeks to impose invasive surveillance powers without legal protections. Aside from failing to specify adequate safeguards, it also leaves out the types of oversight mechanisms necessary to ensure its broad powers are not abused. Worse, the Convention takes active steps to reduce oversight and transparency by calling for limitations on when individuals can and cannot be notified that they are being surveilled upon.
The Australian bill even criminalizes any attempt to disclose the fact that the powers it grants to law enforcement have been used to spy on an individual. These gag orders will prevent anyone from disclosing the existence and content of interception warrants, all but ensuring innocent individuals will never know their civil liberties have been violated:
...it should be possible for individuals to find out that their communications have been subject to a preservation order or disclosed to law enforcement agencies once there is no longer any prejudice to an ongoing investigation.
Nigel Waters, Australia Privacy Foundation, Parliamentarian hearing on the Cybercrime Bill.
Proposed Canadian legislation also paves the way to blanket and perpetual gag orders that will apply by default to the most invasive of the seizure powers it authorizes. These gag orders can insulate abuses of power --when innocent people are surveilled for no good reason--and they will never find out nor will be able to challenge the abuse of their rights, even in situations where there is no longer any risk to an ongoing investigation.
The far-reaching powers this legislation puts in place, if adopted at all, should be accompanied by equally far-reaching oversight regimes, not gag orders. Instead of preventing abuses from ever seeing the light of day, individuals should be notified when they have been surveilled, and the extent, nature and frequency of such surveillance must be subject to rigorous external oversight.
Tamir Israel, staff attorney, Samuelson-Glushko Canadian Internet Policy & Public Interest Clinic.
Blanket gag orders are strongly disfavored under U.S. law, and at least one U.S. court of appeals has found a similar gag order provision partially unconstitutional. A provision of the PATRIOT Act permitted the government to obtain electronic communication transaction records from an Internet Service Providers without a court order. The law imposed a gag order on "National Security Letter" recipients, with extremely limited judicial review that required courts to accept the FBI's assertions as true and placed the burden on the ISP to challenge the gag order after it had been issued. As EFF argued, such gag orders stifle free expression, and without any judicial oversight, the government was free to do what it wanted. The court agreed that the gag order provision was unconstitutional as written, but it construed the gag rules narrowly so as to pass First Amendment muster. The court found that the U.S. Justice Department could adopt additional procedures to cure the remaining defects--a result that EFF disagrees with because it is Congress's job to write laws.
Forcing service providers to record your online activity
Countries are also using the Convention to put in place powers aimed at forcing service providers to store customer information for extended periods of time. While the Convention itself foresees targeted preservation orders in scenarios where there is a reason to believe the information would otherwise be vulnerable to loss or modification, Australian and Canadian bills ignore this important limitation. Also, while the Convention envisions a distinction between orders forcing service providers to preserve data they have already collected and orders aimed at forcing service providers to intercept and record data in real time, the misuse of proactive or 'ongoing' preservation orders aims to undermine this distinction.
In the U.S. and in Canada, for example, there have been cases where preservation powers have been misused to proactively compel service providers to retain data such as email or text messages that are not yet in their possession or control. Proactive preservation force service providers to record data they would never have otherwise retained, effectively bypassing legal protections in place for real-time electronic interceptions. As the U.S. DOJ notes in its manual on seizing electronic communications:
...should not be used prospectively to order providers to preserve records not yet created. If agents want providers to record information about future electronic communications, they should comply with the electronic surveillance statutes discussed in Chapter 4.
Instead of attempting to avoid such problems, the Australian bill embraces this confusion, and expressly grants law enforcement the right to order 'ongoing preservation'. This, combined with the complete lack of any obligation to ensure preservation orders are narrowly targeted to capture relevant data at risk of deletion, opens the door to blanket retention orders aimed at real-time interception of communications services on a mass scale:
The Australian law, for example, is phrased in such broad terms that it could be applied indiscriminately, without any assurance that it will only be used to preserve data that is at risk of being destroyed:
The Bill could require an Internet Service Provider to preserve all stored communications (e.g. traffic and content data) for a telecommunications service (e.g. email, text messaging, mobile phone) for a specified period of time. Unless our concerns about the meaning of a 'service' are addressed, then under an ongoing domestic preservation notice, a Commonwealth agency could arguably request that a major carrier such as Telstra or Optus, preserve all emails used on its service for a 30 day period.
Australia Privacy Foundation Submission to the Parliament.
The proposed Canadian legislation also fails to ensure preservation demands will be used in a targeted manner and is likely to lead to voluntary retention of personal information that would not otherwise have been kept by telecommunications service providers.
Convention premised on outdated concepts of online data
The flaws inherent in the Convention itself are exacerbated by the fact that it was drafted over ten years ago and much has changed since then. The Convention was premised on the notion that 'traffic data' (data generated by computers as a by-product of online interactions) is 'less sensitive', and so should be more readily accessible to law enforcement. That was then, and this is now: Today's 'traffic data' can include such sensitive information as your otherwise anonymous online identity or your social network of contacts. Mobile companies and our Internet services providers are now recording our whereabouts at every moment, and we are leaving far more detailed footprints that reveal sensitive information of our daily lives. Sensitive data of this nature warrants stronger protection, not an all-access pass.
Other things have changed in the online environment as well. The ongoing move towards cloud computing means that more and more of our information will be stored online. Nowadays, countless millions are trusting web-based email services such as Google Gmail to store years worth of private correspondence, and cloud services such as Dropbox or Google Docs store your most private documents. The Treaty could not envision this reality when it was drafted in 2001. Governments must now think carefully about what the Treaty's increased law enforcement powers will mean for citizen rights in this new digital context.
"Trade and tariff wars have no winners," said China's foreign ministry. "We urge the U.S. to stop doing the wrong thing."
The Chinese government on Friday responded to U.S. President Donald Trump's sweeping new tariffs with 34% import duties on all American goods beginning next week, intensifying global blowback against the White House and accelerating a worldwide financial market tailspin.
China's tariffs on U.S. imports, which match the tariffs the Trump administration moved this week to impose on Chinese goods, are set to take effect on April 10. Trump's 34% tariffs on Chinese imports come on top of the 20% tariffs the U.S. president imposed earlier this year.
"The U.S. approach does not conform to international trade rules, seriously damages China's legitimate rights and interests, and is a typical unilateral bullying practice," China's Ministry of Finance said in a Friday statement.
Additionally, China's Commerce Ministry announced immediate export restrictions on rare earth materials and "added 16 entities from the U.S., including High Point Aerotechnologies and Universal Logistics Holdings Inc., to its export control list," according to the state-run China Daily.
"Under the new rule," the outlet reported, "Chinese companies are prohibited from exporting dual-use items to these 16 U.S. entities. Any ongoing related export activities should be immediately halted, said the Ministry of Commerce."
Retaliatory tariffs from the world's second-largest economy mark the latest step in a global trade war launched by the Trump White House, which—despite warnings of disastrous impacts for working-class U.S. households and the broader economy—plowed ahead this week with a 10% universal tariff on imports and larger tariffs on a number of trading partners, including China.
Following Trump's official tariff announcement, Beijing condemned the duties as "unacceptable" and vowed to "take measures as necessary to firmly defend [China's] legitimate interests."
"Trade and tariff wars have no winners. Protectionism leads nowhere," said the spokesperson for China's foreign ministry on Thursday. "We urge the U.S. to stop doing the wrong thing, and resolve trade differences with China and other countries through consultation with equality, respect, and mutual benefit."
Other nations hit by Trump's tariffs are expected to respond in the coming days.
European Commission President Ursula von der Leyen told reporters Thursday that the E.U. was "already finalizing the first package of countermeasures in response to tariffs on steel, and we are now preparing for further countermeasures to protect our interests and our businesses if negotiations fail."
Canadian Prime Minister Mark Carney vowed that "we are going to fight these tariffs with countermeasures."
"In a crisis, it's important to come together and it's essential to act with purpose and with force," Carney added. "And that's what we will do."
"What Republicans are trying to jam through Congress right now is a level of economic recklessness we’ve never seen before," said a group of Democratic lawmakers.
A new analysis indicates Republicans' plan to extend soon-to-expire provisions of their party's 2017 tax law, as well as their push to tack on additional tax breaks largely benefitting the rich and big corporations, would cost $7 trillion over the next decade, a figure that a group of congressional Democrats called "staggering."
The analysis from the nonpartisan Congressional Budget Office (CBO), published on Thursday, updates previous estimates that suggested the GOP effort to extend expiring provisions of the 2017 law would cost $4.6 trillion over a 10-year period. The new assessment shows that extending the law's temporary provisions—which disproportionately favored the wealthy—would cost $5.5 trillion over the next decade.
The projected cost of the GOP agenda balloons to $7 trillion after adding Senate Republicans' call for $1.5 trillion in additional tax cuts in the budget resolution they advanced in a party-line vote on Thursday. The GOP has come under fire for using an accounting trick to claim their proposed tax cuts would have no budgetary impact.
"The Republican handouts to billionaires and corporations will come at a staggering cost, and it's unconscionable that their plan to pay for those handouts includes kicking millions of Americans off their health insurance, hiking the cost of living with tariffs, and driving up child hunger," Sen. Ron Wyden (D-Ore.), Sen. Jeff Merkley (D-Ore.), Rep. Richard Neal (D-Mass.), and Rep. Brendan Boyle (D-Pa.) said in a joint statement issued in response to the CBO figures.
"Even after making painful cuts that will inflict hardship on typical American families, Republicans will still risk sending us into a catastrophic debt spiral that does permanent harm to our economy," the Democrats added. "What Republicans are trying to jam through Congress right now is a level of economic recklessness we've never seen before."
The CBO's updated cost analysis came as President Donald Trump plowed ahead with what's been characterized as the biggest tax hike in U.S. history, one that will hit working-class Americans in the form of price increases on household staples and other goods.
Trump administration officials, not known for providing reliable numbers, have claimed the president's sweeping new tariffs could produce roughly $6 trillion in federal revenue over the next decade. The Trump tariffs have sent financial markets into a tailspin, heightened recession fears, and prompted swift retaliation from targeted nations, including China.
In an appearance on MSNBC on Thursday, Boyle—the top Democrat on the House Budget Committee—said Trump's tariffs represent "the single largest tax increase in American history."
"It's a tax that everyone will pay in this country, based on the goods that they buy," said Boyle. "However, it's also a tax that is highly regressive—the poorest amongst us will end up paying a higher percentage of their income."
The new Centers for Medicare and Medicaid Services administrator joins "a team of snake oil salesmen and anti-science flunkies that have already shown disdain for the American people and their health," said one critic.
Echoing a party-line vote by the U.S. Senate Finance Committee last week, the chamber's Republicans on Thursday confirmed President Donald Trump's nominee to head the Centers for Medicare and Medicaid Services, former televison host Dr. Mehmet Oz.
Since Trump nominated Oz—who previously ran as a Republican for a U.S. Senate seat in Pennsylvania—a wide range of critics have argued that the celebrity cardiothoracic surgeon "is profoundly unqualified to lead any part of our healthcare system, let alone an agency as important as CMS," in the words of Robert Weissman, co-president of the consumer advocacy group Public Citizen.
After Thursday's 53-45 vote to confirm Oz, Weissman declared that "Republicans in the Senate continued to just be a rubber stamp for a dangerous agenda that threatens to turn back the clock on healthcare in America."
Weissman warned that "in addition to having significant conflicts of interest, Oz is now poised to help enact the Trump administration's dangerous agenda, which seeks to strip crucial healthcare services through Medicare, Medicaid, and the Affordable Care Act from hundreds of millions of Americans and to use that money to give tax breaks to billionaires."
"As he showed in his confirmation hearing, Oz will also seek to further privatize Medicare, increasing the risk that seniors will receive inferior care and further threatening the long-term health of the Medicare program. We already know that privatized Medicare costs taxpayers nearly $100 billion annually in excess costs," he continued, referring to Medicare Advantage plans.
CMS is part of the Department of Health and Human Services, now led by Secretary Robert F. Kennedy Jr.—who, like Oz, came under fire for his record of dubious claims during the confirmation process. Weissman said that "Dr. Oz is joining a team of snake oil salesmen and anti-science flunkies that have already shown disdain for the American people and their health. This is yet another dark day for healthcare in America under Trump."
In the middle of Trump's tariff disaster, the Senate is voting to confirm quack grifter Dr. Oz to lead the Centers for Medicaid & Medicare Services.
[image or embed]
— Jen Bendery (@jbendery.bsky.social) April 3, 2025 at 12:29 PM
Oz's confirmation came a day after Trump announced globally disruptive tariffs and Senate Republicans unveiled a budget plan that would give the wealthy trillions of dollars in tax cuts at the expense of federal food assistance and healthcare programs.
"While Dr. Oz would rather play coy, this is no hypothetical. Harmful cuts to Medicaid or Medicare are unavoidable in the Trump-Republican budget plan that prioritizes another giant tax break for the president's billionaire and corporate donors," Tony Carrk, executive director of the watchdog group Accountable.US, said ahead of the vote.
"None of Dr. Oz's 'miracle' cures that he's peddled over the years will help seniors when their fundamental health security is ripped away to make the rich richer," Carrk continued. "And while privatizing Medicare may enrich Dr. Oz's family and big insurance friends, it will cost taxpayers far more and leave millions of patients vulnerable to denials of care and higher out-of-pocket costs."
Lee Saunders, president of the American Federation of State, County, and Municipal Employees (AFSCME), was similarly critical, saying after the vote that "at a time when our population is growing older and the need for access to home care, nursing homes, affordable prescription drugs, and quality medical care has never been greater, Americans deserve better than a snake oil salesman leading the Centers for Medicare and Medicaid Services."
"Dr. Mehmet Oz has been shilling pseudoscience to line his own pockets. He can't be trusted to defend Medicare and Medicaid from billionaires who want to dismantle and privatize the foundation of affordable healthcare in this country," the union leader added. "AFSCME members—including nurses, home care and childcare providers, social workers and more—will be watching and fighting back against any effort to weaken Medicare and Medicaid. The 147 million seniors, children, Americans with disabilities, and low-income workers who rely on these programs for affordable access to healthcare deserve nothing less."