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    ISSN 1756-851X
    21 August 2014

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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)

UK: Chris Grayling insists prisons are 'not in crisis' (BBC News, link). See: Britain's prison overcrowding crisis surges 'close to the brink' (The Independent, link) and Statistics reveal prisons struggling to cope (Prison Reform Trust, link)

UK-NATO: 9,500 police drafted in for Nato summit in Wales - Officer in charge says operation is uncharted territory for UK policing, with 67 heads of state expected at Newport summit (Guardian, link):

UK-EU JHA OPT OUT: Council of the European Union to gather costs on other EU Member States of a UK opt-out of Justice and Home Affairs measures: Follow up to the meeting of the Friends of Presidency Group on the application of Article 10 of Protocol 36 to the Treaties (PROAPP) of 14 July 2014 (CM 3636-14, pdf):

"Financial Consequences of the UK Opt-out: Article 10(4) of Protocol 36 provides that the Council, acting by a qualified majority on a proposal from the Commission, may "adopt a decision determining that the UK shall bear the direct financial consequences, if any, necessarily and unavoidably incurred as a result of the cessation of its participation in those acts". The Presidency invites delegates to notify the General Secretariat.... of any relevant financial consequences in this regard by 25 August 2014."

EU: Council of the European Union: European Arrest Warrant (EAW), European Criminal Records Information System (ECRIS) and EU: Libya (EUBAM)

- Replies to questionnaire on quantitative information on the practical operation of the European arrest warrant - Year 2013 (doc no: 8414-2-14. Limite, pdf) and see Annex 1: Member State replies to the question: "Which were the grounds for refusal?"

- European Criminal Records Information System: ECRIS Non-Binding Manual for Practitioners doc no: 9061/2/1, (pdf)

- EU: LIBYA: Draft CivCom Advice on the Strategic Review of EUBAM Libya (EEAS, 1570/14, Limite, pdf): "CIVCOM noted the turbulent and dynamic political and security situation in Libya which has occurred during the reporting period."

UK: NSA-GCHQ: The HACIENDA Program for Internet Colonization (heise online, link): "In a new set of top secret documents seen by Heise, it is revealed that in 2009, the British spy agency GCHQ made port scans a "standard tool" to be applied against entire nations" (emphasis added)

See: Original from GCHQ’s Joint Threat Research Intelligence Group (JTRIG): GCHQ: What is Hacienda? (pdf): All the results of country-wide scans are "stored in JTRIG's Internal database" And see: Australia government pushing to expand surveillance, hacking powers (PI, link)

EU: Commission proposes military research programme

"The European Commission is to "prepare the ground" for an EU military research programme by launching a 'Preparatory Action' that will "illustrate the value added of an EU contribution in new research" and complement research being undertaken under the Horizon 2020 programme....

This will come on top of existing efforts by the EU to try and maximise "civil-military synergies" in research under the Horizon 2020 programme, despite an explicit provision in the Horizon 2020 legislation that projects "shall have an exclusive focus on civil applications.""

EU: Smart borders: Member States seek to make law enforcement access compatible with data retention ruling

"EU Member States are coming closer to defining their position on giving law enforcement authorities access to information that will be stored in the proposed Entry/Exit System, using arguments based on the Court of Justice's ruling annulling the Data Retention Directive.

The Commission published the "smart borders package" in February 2013, and since then Member States have continually reasserted the need for law enforcement authorities to have access to data stored within the proposed Entry/Exit System (EES).

The battles of Calais: Matt Carr reflects on the complicity of Britain and France in the horrific situation for migrants in Calais (IRR News Service, link)

UK: UNDERCOVER POLICE: Police forced to name undercover officers who duped women Metropolitan police lose legal fight over keeping secret the names of officers who fathered children with their 'targets' (Guardian, link):

"Police chiefs have been forced to confirm for the first time the identities of two undercover police officers who fathered children with campaigners from groups they had been sent to infiltrate. A high court judge had ordered the Metropolitan police to make the disclosures after the force lost a legal battle. The Met had fought to keep secret the identities of the two undercover officers, Bob Lambert and Jim Boyling, since a group of women launched a lawsuit three years ago." See also: Press release: Police Spies Out of Our lives (link)

EU: European External Action Service (EEAS): New role for para-military police units? Cooperation with the European Gendarmerie Force (EUROGENDFOR) under the Common Security and Defence Policy - Explanatory brief (pdf). See also:Strengthening Ties between CSDP and FSJ: Road Map implementation Second annual progress report (pdf) and EU seeks more prominent international role for European para-military police force

USA: NSA: James Bamford interviews Edward Snowden (Wired, link): Long report including countering cyber attacks:

"When it detected an attack, MonsterMind would automatically block it from entering the country - a “kill” in cyber terminology. Programs like this had existed for decades, but MonsterMind software would add a unique new capability: Instead of simply detecting and killing the malware at the point of entry, MonsterMind would automatically fire back, with no human involvement. That’s a problem, Snowden says, because the initial attacks are often routed through computers in innocent third countries. “These attacks can be spoofed,”"

and see: Press Release: Courage letters being delivered to governments call for the safe protection of Edward Snowden (Courage, link) Also: GCHQ: OPA~TAS Covert Mobile Phones Policy (pdf)

EU: Frontex presses on with aerial surveillance projects

EU border agency Frontex has made progress in its attempts to acquire and deploy aerial surveillance technology, with the completion of a pilot project at the Bulgaria-Turkey border in early July. According to the agency, the project has outlined "new approaches in Frontex policy for future acquisition of operational assets and services."

Italy-Tunisia: Tunisian authorities undertake border control for Italy

The Tunisian National Guard has 'rescued' many boats carrying migrants and refugees in the past few months. However, these vessels were not all in distress when they were 'rescued'. A colonel in the National Guard's maritime section explained in an interview with the authors of this article that the current bilateral agreement with Italy foresees that the Tunisian Navy and the Tunisian National Guard should block boats carrying migrants, even if they are not in distress.

UK: Predictive policing in London: commercial interests trump accountability

London's Metropolitan Police (Met) have adopted a "neither confirm nor deny" policy on their use of "predictive policing" technology, citing the need to protect the commercial interests of both the police and companies. This is despite the fact that the force admits that releasing relevant information "could potentially further the debate around the efficacy and ethics of using such technologies," and could improve "the accountability of decisions taken in relation to the research and development of such technologies."

EU: The Missed Opportunity of the “Ypres Guidelines” of the European Council Regarding Immigration and Asylum (link) by Philippe De Bruycker

Statewatch Analysis: Mass surveillance of communications in the EU: CJEU judgment and DRIPA 2014/RIPA 2000 in the UK (pdf) by Tony Bunyan:

"The CJEU ruled that mass surveillance under the EU Data Retention Directive entails an interference with the fundamental rights of practically the entire European population and is a clear breach of the EU Charter of Fundamental Rights. Under DRIPA 2014 the UK is clearly ignoring the Court's ruling by maintaining the mass surveillance of communications and extending its reach, though permanent warrants, to service providers based in the EU, USA and elsewhere.

DRIPA 2014 amends RIPA 2000 but leaves untouched the power of the Foreign Secretary to sign limitless warrants for GCHQ to spy on the rest of the world under Section 8.4 of RIPA 2000."

EU-USA COOPERATION: Report from Congressional Research Service: US-EU Cooperation Against Terrorism (pdf): "Some U.S. officials are concerned that.... changes to EU data protection rules could call into question existing bilateral agreements governing the processing and sharing of personal data between U.S. law enforcement authorities and their counterparts in EU member states."

USA-NSA: Edward Snowden given permission to stay in Russia - video (Guardian, link): "dward Snowden has been granted permission to remain in Russia for the next three years, his lawyer says on Thursday. The NSA contractor turned whistleblower now has a three-year residence permit, with effect from 1 August 2014,.." See: Statewatch Observatory: EU-UK-GCHQ-USA-NSA: Data surveillance

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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