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A recent incident involving the International Criminal Court (ICC) has ignited a critical discussion about Europe’s digital sovereignty. The shutdown of the ICC Chief Prosecutor’s email account by Microsoft, due to U.S. sanctions, serves as a stark reminder of the risks associated with relying on foreign-based technology providers.
ICC Prosecutor’s Email Blocked: A Digital Wake-Up Call
In February, sanctions were issued against the ICC by then President Trump following the court’s pursuit of arrest warrants for Israeli officials. Consequently, Chief Prosecutor Karim Khan experienced the freezing of his bank accounts and, significantly, the blocking of his Microsoft email account. This action, compliant with the U.S. sanctions, severely hampered the ICC’s daily operations.
The Open-Source Business Alliance (OSBA) has criticized Microsoft’s action as “unprecedented,” emphasizing the urgent need for Europe to prioritize digital sovereignty by choosing European-based tech services.
The Core Issue: Jurisdiction Overrides Location
This incident underscores a crucial point: jurisdiction trumps geography. Regardless of where data servers are physically located, if a provider is subject to foreign law, so is the data they hold. This poses a significant risk, potentially exposing European digital communications and data to external control and influence.
Dependency as a Vulnerability
Imagine Europe’s energy sector being controlled by foreign companies bound by non-European law. The idea is unthinkable. Yet, this is essentially the current state of affairs regarding our digital infrastructure. Over-reliance on American tech providers for critical services like cloud platforms, communication tools, and email providers creates a dangerous dependency.
Europe’s Untapped Potential: Time for Sovereign Solutions
The frustrating reality is that Europe possesses the innovation and expertise to develop its own secure and sovereign digital solutions. Companies like Tuta, offering encrypted email and calendar tools with quantum-safe encryption, demonstrate this potential. Operating under German data protection laws and utilizing German-based servers, Tuta exemplifies a privacy-first, security-focused alternative.
So why aren’t these European services powering our governments, schools, and courts? The answer lies in the continued reliance on established American providers like Microsoft, a dependency rooted in historical integration with operating systems like Windows.
The Sovereign Cloud: Owning Our Digital Future
The concept of the cloud simply means “other people’s computers.” The critical question is: Whose computers do we trust with our data? True sovereignty requires choosing European services built and operated under European law, storing data solely within Europe, ideally with end-to-end encryption.
A Call to Action: Building a Brighter, Independent Future
Regaining control of Europe’s digital infrastructure requires a structural change and a concerted effort from all stakeholders. Key steps include:
- Prioritizing European Tech: EU institutions and local authorities should prioritize European companies when procuring tech products, ensuring adherence to European data protection laws.
- Preventing Vendor Lock-in: Any platform used in the public sector should be interoperable and replaceable, with contracts designed for easy exit strategies.
The Microsoft email incident at the ICC serves as a powerful reminder of the risks of building our digital house on someone else’s foundation. It’s time to proactively build systems that adhere to European laws, protect European citizens and their data, and strengthen European independence.
Let’s stop borrowing digital power – and start generating our own. Together we can make the web a better place!