If it's against the law, just break the law

It appears that the talks between the European Union and the US over airline passenger data have broken down:

Talks between the United States and the European Union on sharing confidential airline passenger information have broken down, according to the EU.

…A European Commission spokesman said that a legal black hole could be created by the lack of agreement.

"There is no agreement. There is a legal vacuum as of midnight tonight," EU Transport Commission spokesman Jonathan Todd said on Saturday.

… As a result, airlines refusing to provide passenger lists to the US may lose landing rights in the country, but those that do risk facing legal action under EU member states' data protection legislation.

What I really love about this is the Bush Administration response:

…However, US Homeland Security Secretary Michael Chertoff told Reuters news agency that there was "absolutely no basis" to say that discussions had broken down.

"We are confident we can move forward to a mutually acceptable agreement," he said.

He said he had been assured that European airlines would continue to provide the required passenger information and said he doubted European governments would penalise them for this.

Yeah, in typical Bush fashion, if it's against the law, just ignore the law.