German Chancellor Angela Merkel expressed outrage at reports that the American National Security Agency allegedly intercepted conversations to and from her mobile cell phone. This comes on the heels of a similar claim from France that the National Security Agency collected tens of thousands of French phone records between December 2012 and January 2013.

The Chancellor argued that such spying constitutes a breach of trust, and that the United States will need to rebuild that trust going forward. The revelation about National Security Agency surveillance is merely the latest in a string of similar stories since former U.S. analyst Edward Snowden leaked that the United States had a very wide-ranging intelligence and surveillance program.

In light of the incident, the German Chancellor suggested limiting the current data-sharing agreement in place between Washington and the nations of the European Union. The article points out that any additional limitations on the free flow of information between the United States and its European allies could have damaging repercussions in the American effort to combat terrorism.

This revelation might prompt the European Union to additionally tighten data privacy rules it is already in the process of drafting. Such new legislation might hinder companies collecting data in Europe and then disseminating that information to non-European nations. The legislation might also impose stiff financial penalties on any country caught violating the new rules.

Any new laws would also affect a program called Swift, based in Europe, which collects data on an international scale about electronic money transfers. Leaks by Edward Snowden indicate that the United States may bee repeatedly violating the agreement underlying the Swift program by retrieving more information than it is permitted to. The article does not indicate whether this suggests the United States pulls more data, or rather collects data about an impermissible range of subjects. The European Union has moved to suspend operation of the program until data sharing laws and policies can be put in place, while the United States has voiced concern that limiting access to the information collected by the program would greatly impede our ability to conduct effective counter-terrorism.

The article ends with a quote from the former head of France’s secret services, Bernard Squarcini, “I’m bewildered by such worrying naiveté. You’d think the politicians don’t read the reports they’re sent – there shouldn’t be any surprise, [t]he agencies know perfectly well that every country, even when they cooperate on anti-terrorism, spies on its allies. The Americans spy on us on the commercial and industrial level like we spy on them, because it’s in the national interest to defend our businesses. No one is fooled.”

This article deals with the moral and legal gray area that is the use of intelligence directed against international allies. In the absence of any binding agreements prohibiting it, should the United States continue gathering secret information about its allies? Should international law reflect a belief that allies are prohibited from spying on each other? Despite the international backlash, are there policy reasons why it might be beneficial to allow allies to spy on each other without explicit knowledge or consent?