This is from the Guardian:
The European Commission has warned EU citizens that they should close their Facebook accounts if they want to keep information private from US security services, finding that current Safe Harbour legislation does not protect citizen’s data.
The comments were made by EC attorney Bernhard Schima in a case brought by privacy campaigner Maximilian Schrems, looking at whether the data of EU citizens should be considered safe if sent to the US in a post-Snowden revelation landscape.
“You might consider closing your Facebook account, if you have one,” Schima told attorney general Yves Bot in a hearing of the case at the European court of justice in Luxembourg.
There are all kinds of substantive issues that could arise here: What category of service Facebook supplies, whether the EU has made commitments in that sector, and whether there is a violation of any GATS obligation, among others. But putting all that aside, here's my question: Is a statement such as this one, from a government official, a "measure" that can be challenged in WTO dispute settlement?