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    ISSN 1756-851X
    02 September 2014

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EU: Council of the European Union: LEA data exchange, Presumption of innocence and Official documents

• LEAs EXCHANGE OF PERSONAL DATA BETWEEN EU STATES:Proposal for a Directive on the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the free movement of such data (doc no: 11109-14, Limite, pdf) The Council developing its position - 606 Member State reservations or comments.

• PRESUMPTION OF INNOCENCE: Proposal for a Directive of the European Parliament and of the Council on the strengthening of certain aspects of the presumption of innocence and of the right to be present at trial in criminal proceedings - Revised text following the meeting on 15 July 2014 (doc no: 12196-REV-1-14, pdf)

• OFFICIAL DOCUMENTS: Proposal for a Regulation of the European Parliament and of the Council on promoting the free movement of citizens and businesses by simplifying the acceptance of certain public documents in the European Union and amending Regulation (EU) No 1024/2012 - Revised text (doc no: 11557-14, Limite, pdf)

European Parliament: Committee on Civil Liberties (LIBE): List of unfinished business - measures - carried forward from the last parliamentary session (pdf)

USA-NSA: A Two-Faced Friendship: Turkey Is 'Partner and Target' for the NSA (Der Spiegel, link): "Documents from the archive of whistleblower Edward Snowden reveal wide-scale spying against Turkey by America's NSA and Britain's GCHQ. They also show the US worked closely with Ankara to battle Kurdish separatists." See: Documents: NSA-Turkey (pdf) And see: How the NSA Helped Turkey Kill Kurdish Rebels (The Intercept, link)

EU: MEMBER STATES CALL FOR SWIFT ADOPTION OF EU-PNR SCHEME: The EU summit (30 August 2014) demanded the proposed EU-PNR law be rushed through by the end of the year. See para 18 of the Summit Conclusions (pdf). As with 7/7 and 9/11, this is a response to tragedies perpetrated by a dangerous group of people but which allows for the surveillance of travel by all in and out of the EU and (following a UK demand in the Council and Council reaction) the possibility of travel between EU states as well.

This second proposal has been on the table since 2011: Commission proposal (pdf) See: Statewatch Observatory on the first attempt to introduce an EU-PNR scheme: EU surveillance of passengers (EU-PNR: 2003-2008 and Observatory on current EU-PNR proposal

EU: Meijers Committee: Letter to members of the European Parliament's Civil Liberties Committee (LIBE): Fundamental Rights Aspects of certain outstanding Justice and Home Affairs Files (pdf)

EU: Council of the European Union: Proposal for a Directive of the European Parliament and of the Council on the conditions of entry and residence of third-country nationals for the purposes of research, studies, pupil exchange, remunerated and unremunerated training, voluntary service and au pairing [Recast] (Doc no: 11439-14, Limite, 165 pages, pdf) The Council developing its negotiating position with over 300 Member State reservations.

Mytilene, Greece, 28.08.14: W2EU: Press release: 73 refugees transferred from Moria to unknown destination on vessel of the Hellenic Navy

"On Wednesday night (27th August 2014) a group of 73 refugees most of which were Afghan was transferred from Moria first reception detention centre in Lesvos to the port of Mytilene. When the last load of people reached the port it was already dark. They were then brought on board discretely and in the shadow of one Greek officer at a time. During this seemingly secretive operation the port was full of civil police and coast guards."

See also: LESVOS DETENTION CENTRE: Welcome to the European Union: Visit to Moria First Reception Centre, Moria, nr. Mytilini, Lesvos, Greece 11th May 2014 (pdf): Report by Ann Singleton (University of Bristol), John Moore (University of the West of England) and Tony Bunyan (Statewatch) - (all Members of the European group for the Study of Deviance and Social Control)

E-IDENTIFICATION: More convenient or a big problem? Glimpses into the Future – the opportunities of e-Identification (Commission. link): "Like many EU countries, Estonia has a single electronic identity for all citizens and residents. Most Estonians use their national ID card to access their e-ID. Other options include using bank-provided identities or my favorite, mobile-ID (which works with a special SIM card provided by Estonian telecom companies)."

See: Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (Official Journal with all EU languages, link) and Regulation (English, pdf)

Ross Anderson comments via EDRI: "This is just toxic - qualifying digital signatures were invented as a boondoggle for the smartcard industry, and harm consumers by dumping liability on them. If you accept a credential with a qualified certificate, then you are unconditionally liable to anyone in the world for any signature that appears to verify with that credential, regardless of whether or not you made it. It could have been made by the malware in your PC, and that could have been written by the guy who now claims you transferred your house to him; but no matter."

EU: Council of the European Union: Council weighted voting system, Draft Agendas, LEA access to entry-exit system, Presumption of innocence

• NEW WEIGHTED VOTING FORMULA: Draft Council Decision amending the Council's Rules of procedure (Doc no: 12077-14, Limite, pdf): "From 1 November 2014, when an act is to be adopted by the Council acting by qualified majority, it must be verified that the Member States constituting the qualified majority represent at least 65 % of the total population of the Union."

Provisional agendas for Council meetings, during the second semester of 2014 (Italian Presidency) (see pages 22-32 for Justice and Home Affairs, pdf)

• LEAs ACCESS: Access for law enforcement purposes to the Entry/Exit System (Doc no: 11337-14, Limite, pdf) See also Statewatch story: Smart borders: Member States seek to make law enforcement access compatible with data retention ruling

Proposal for a Directive of the European Parliament and of the Council on the strengthening of certain aspects of the presumption of innocence and of the right to be present at trial in criminal proceedings - Outcome of meeting of CATS on 2 July 2014 / Follow-up (Doc no: 11632-14 pdf) See also: Proposal for a Directive of the European Parliament and of the Council on the strengthening of certain aspects of the presumption of innocence and of the right to be present at trial in criminal proceedings - Revised text following the meeting on 15 July 2014 (Doc no: 12196-14, pdf) The Council developing its negotiating position: "As in CATS [Article 36 Committee], the NL delegation, supported by the DK, IE and UK delegations, voiced concerns regarding the added value of the proposed Directive."

European Commission: Traffic offences - cross-border exchange of information, EU-Australia PNR, National parliaments

• TRAFFIC OFFENCES: Proposal for a Directive on facilitating cross-border exchange of information on road safety related traffic offences (COM 476-14, pdf) and See: Annexes (pdf)

• EU-AUSTRALIA PNR: Report on the joint review of the implementation of the Agreement between the European Union and Australia on the processing and transfer of Passenger Name Record (PNR) data by air carriers to the Australian Customs and Border Protection Service (COM 458-14, pdf)

and see: Joint Review Report of the implementation of the Agreement between the European Union and Australia on the processing and transfer of Passenger Name Record (PNR) data by air carriers to the Australian Customs and Border Protection Service Accompanying (SWD 236-14, pdf)

• NATIONAL PARLIAMENTS: Annual Report for 2013 on relations between the European Commission and national parliaments (COM 507-14, pdf)

UK Government urged to act on fresh evidence of BT drones link (Reprieve, link):"The British government is being asked to reopen an investigation into BT, after new evidence appeared to link the company to illegal US drone strikes and the mass government surveillance used to select their targets."

USA-NSA: SURVEILLENCE: The Surveillance Engine: How the NSA Built Its Own Secret Google (The Intercept, link):

"The National Security Agency is secretly providing data to nearly two dozen U.S. government agencies with a “Google-like” search engine built to share more than 850 billion records about phone calls, emails, cellphone locations, and internet chats, according to classified documents obtained by The Intercept.

The documents provide the first definitive evidence that the NSA has for years made massive amounts of surveillance data directly accessible to domestic law enforcement agencies. Planning documents for ICREACH, as the search engine is called, cite the Federal Bureau of Investigation and the Drug Enforcement Administration as key participants.

ICREACH contains information on the private communications of foreigners and, it appears, millions of records on American citizens who have not been accused of any wrongdoing. Details about its existence are contained in the archive of materials provided to The Intercept by NSA whistleblower Edward Snowden."

See: ICREACH documents - full-text (4.5MB, pdf) See: Statewatch Observatory: EU-UK-GCHQ-USA-NSA: Data surveillance (June 2013 - ongoing)

TED TALKS: ‘Counterterrorism’ used to crackdown on civil society by Ben Hayes (YouTube link)

African Union adopts framework on cyber security and data protection (Access Now, link) Some"good" and some "plain ugly" See: Convention: full text (pdf)

EU and Member States plan "pilot project" to pressure countries to admit deportees

A document circulated by the Italian government to EU Member States in early July outlines plans for a "pilot project" that will see national and EU officials apply heavy diplomatic and economic pressure on selected countries in order to "improve the return rate in a number of specific countries of origin."

EU Council of the European Union: Terrorism "malicious mean/methods", Future of COSI, Terrorist financing,Civil-military ops & EU Charter

- The use of malicious means/methods to carry out acts of terrorism (CM 3624/14, Limite, pdf)

- Way forward on the future of COSI (11722-14, Limite, pdf)

- Report on the implementation of the revised Strategy on Terrorist Financing (14423-14, Limite, pdf)

- PMG Recommendations on the Note from the High Representative on options for improvement of the financing of civilian and military missions and operations (12269-14, Limite, pdf)

- Implementation of the Charter of Fundamental Rights of the EU - Presidency discussion paper (11415-14, Limite, pdf)

EU: Statewatch Analysis: Smart borders: fait accompli? (pdf) by Chris Jones:

"Critique of the smart borders proposals has been – and still is – extensive, but none of the arguments raised have so far been dealt with seriously by those in favour of the systems. It seems that the ‘freedom’ in the EU’s ‘area of freedom, security and justice’ is little more than a buzzword when it comes to border control and policing. When it comes to dealing with increasing levels of human migration, the only proposals on the table involve increasing monitoring and control."

UK: NO CHARGES TO BE BROUGHT AGAINST UNDERCOVER POLICE: Statement from: Birnberg Peirce and Partners (pdf) on behalf of women victims of police misconduct See: Charging decision concerning MPS Special Demonstration Squad (CPS, link)

MOROCCO: Migreurop: Dirty war against immigrants in Morocco - The worsening dirty war against immigrants by the Moroccan government with cooperation by Spain (Statewatch translation, pdf) and Guerra sucia contra migrantes en Marruecos Recrudecimiento de la guerra sucia contra migrantes a cargo del gobierno de Marruecos con la colaboración de España (pdf)

GERMANY-USA: WHAT A SURPRISE THEY ARE SPYING ON EACH OTHER: Germany 'spied' on John Kerry and Hillary Clinton – Der Spiegel Magazine claims foreign intelligence agency BND collected the phone calls by accident within the context of other operations (Guardian, link)"

Top reports and services 2004-2014

See: Resources for researchers: Statewatch Analyses: 1999-ongoing

SECILE Project: Taking stock of EU Counter-terrorism policy and review mechanisms: Summary of Statewatch’s findings for SECILE project (pdf)
Catalogue of EU Counter-Terrorism Measures Adopted since 11 September 2001 (pdf) by Ben Hayes & Chris Jones
Report on how the EU assesses the impact, legitimacy and effectiveness of its counterterrorism laws (pdf) by Ben Hayes & Chris Jones
Data Retention in Europe: A Case Study (pdf) by Chris Jones & Ben Hayes :

EU: Borderline: The EU's New Border Surveillance Initiatives: Assessing the Costs and Fundamental Rights Implications of EUROSUR and the "Smart Borders" Proposals (pdf) A study by the Heinrich Böll Foundation. Written by Dr. Ben Hayes and Mathias Vermeulen: "Unable to tackle the root of the problem, the member states are upgrading the Union’s external borders. Such a highly parochial approach taken to a massive scale threatens some of the EU’s fundamental values - under the pretence that one’s own interests are at stake. Such an approach borders on the inhumane."

Statewatch's 20th Anniversary Conference, June 2011: Statewatch conference speeches

TNI - Statewatch: Counter-terrorism, 'policy laundering' and the FATF - legalising surveillance, regulating civil society

Statewatch publication: Guide to EU decision-making and justice and home affairs after the Lisbon Treaty (pdf) by Steve Peers, Professor of Law, University of Essex, with additional material by Tony Bunyan

EU: Major report from Statewatch and the Transnational Institute: NeoConOpticon - The EU Security-Industrial Complex by Ben Hayes (pdf): 700,000+ copies downloaded. Executive Summary (pdf) and NeoConOpticon blog

SPECIAL STATEWATCH REPORT: The Shape of Things to Come - the EU Future Group (Version.1.3) by Tony Bunyan: 67,134+ copies downloaded. The report calls for a “meaningful and wide-ranging debate” before it is “too late” for privacy and civil liberties. In the words of the EU Council presidency: "Every object the individual uses, every transaction they make and almost everywhere they go will create a detailed digital record. This will generate a wealth of information for public security organisations, and create huge opportunities for more effective and productive public security efforts." See also ongoing: Statewatch Observatory: The Stockhom Programme

See: Tony Bunyan's column in the Guardian: View from the EU

Statewatch publication: Border wars and asylum crimes by Frances Webber (38 pages, pdf): "When the pamphlet ‘Crimes of Arrival’ was written, in 1995, the title was a metaphor for the way the British government, in common with other European governments, treated migrants and especially, asylum seekers. Now, a decade on, that title describes a literal truth.... There is a frightening continuity between the treatment of asylum claimants and that of terrorist suspects. In the name of the defence of our way of life and our enlightenment values from attack by terrorists or by poor migrants, that way of life is being destroyed by creeping authoritarianism, and those values – amongst which the most important is the universality of human rights – betrayed." See also: Crimes of arrival: immigrants and asylum-seekers in the new Europe (12 pages, 1995, pdf). To order hard-copy see: Statewatch Publications

EU: Statewatch Report: Arming Big Brother: new research reveals the true costs of Europe's security-industrial complex by Ben Hayes (pdf, April 2006). The European Union is preparing to spend hundreds of million on new research into surveillance and control technologies, according to Arming Big Brother, a new report by the Transnational Institute (TNI) and Statewatch. Press release (English) Press release (Spanish, link) Copy of full report (English, pdf) Copy of full report (Spanish, pdf) Hard copies of Arming Big Brother can be obtained from: The Transnational Institute, please send an e-mail to: with your request.

Europe: A collection of "Essays in defence of civil liberties and democracy" was published in 2005

Global surveillance: Global coalition launch report and international surveillance campaign: Statewatch, with partner organisations the American Civil Liberties Union (ACLU), Focus on the Global South, Friends Committee (US) and the International Civil Liberties Monitoring Group (Canada) today publishes an in-depth report: "The emergence of a global infrastructure for registration and surveillance" (20 April, 2005).

Statewatch report: Journalism, civil liberties and the war on terrorism (full-report/request printed copy) - Special report by the International Federation of Journalists and Statewatch including an analysis of current policy developments as well as a survey of 20 selected countries in Africa, Asia, Europe, Latin Amercia, the Middle East and the USA (published World press freedom day, 1 May 2005)

Statewatch "Scoreboard" on EU counter-terrorism plans (pdf) agreed in the wake of the Madrid bombings. Our analysis shows that 27 out of the 57 EU proposals have little or nothing to do with tackling terrorism - they deal with crime in general and surveillance: Analysis in Spanish (March 2004)

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