but even if the iccpr did applied extraterritorial lee, the treaty would still not place limits on nsa surveillance because persons in other countries are not subject to u.s. jurisdiction. the human rights committee itself has to find the phrase, subject to a party's jurisdiction to include people within the power or defective control of the forces of a state party acting outside of its territory. .. just there are legal norms but i'm not aware that the government are suggesting that there is an actual violation of international law. and finally, just to close on my analysis at the donohue even if the iccpr dead in posed a territorial conduct and people outside of the united states would continue to be in the jurisdiction of the united states, article 17 of iccpr bans arbitrary unlawful interference of privacy. we can certainly argue about what constitutes the arbitrary and unlawful interference but there is no form on that point. i'm sure lots of people can suggest to the nsa program is arbitrary and unlawful but when we are talking about the international law there has to be a specif