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    ISSN 1756-851X
    27 November 2014
 

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EU Council of the European Union: Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU) No 604/2013 as regards determining the Member State responsible for examining the application for international protection of unaccompanied minors with no family member, sibling or relative legally present in a Member State (LIMITE doc no: 15567-14, pdf)

UK: SCOPE OF NEW CT BILL NOT LIMITED TO TERRORISM?: Counter-Terrorism and Security: Counter-Terrorism and Security Bill - Full-text (pdf) This Bill amends the Data Retention and Investigatory Powers Act (DRIPA 2014) which in turn amended RIPA 2000.On first reading this means that although the Foreword refers to "terrorism" there is no such limitation in the text of the Bill so its scope is not limited to combating terrorism as neither DRIPA 2014 and RIPA 2000 contain such a provision. Clause 17 of the Bill covers the: "Retention of relevant internet data" (such as everyone's IP address). If this is the case it would appear the new CTS Bill could cover any crime. It is also worthy of note that reference to a "person" includes: "an organisation and any association or combination of persons" See also: Explanatory Memorandum to the Bill (pdf) which does not cast any light on the above question.

UK: Lee Rigby murder: Facebook could have picked up killer’s message - report - Intelligence committee chair calls Facebook a ‘safe haven for terrorists’ but rights groups warn of creeping state surveillance (Guardian, link): "Isabella Sankey, director of policy for the civil rights group Liberty, said: “The ISC shamefully spins the facts seeking to blame the communications companies for not doing the agencies’ work for them.” See Report from the Intelligence and Security Committee: Report on the intelligence relating to the murder of Fusilier Lee Rigby (pdf)

Why it’s dangerous to blame internet firms for Lee Rigby’s murder - Outrageous claims by the intelligence and security committee threaten goodwill that exists among internet firms and UK police (Guardian, link): "if US companies are not prepared to hand over their customers’ data by the front door, the British government in the shape of GCHQ, are quite prepared to grab it by the back door."

EU funds airline data-sharing despite legal concerns (euobserver, link): "The European Commission has awarded €50 million to member states to set up airline passenger data sharing systems, despite an upcoming EU Court analysis on the probity of similar schemes." and Travel surveillance: PNR by the back door.(Statewatch News Online).

HUNGARY: Report: Disrespect for European Values in Hungary 2010-2014 (pdf): "Hungarian NGOs have prepared a report about the (dis)respect of European Union values (as enshrined in the EU treaties) in Hungary in recent years. The report is an easy to follow, concise summary of the legal analysis carried out in several earlier reports. The report was prepared by 4 Hungarian human rights NGOs and supported by 18 other NGOs in Hungary, including the Hungarian LGBT Alliance, Háttér Society and Budapest Pride"

EP: The European Parliament has just voted, Tuesday 25 November, to refer the EU-CANADA PNR agreement to the Court of European Justice (CJEU).See Press release: MEPs refer EU-Canada air passenger data deal to the EU Court of Justice (pdf):

"The EU-Canada agreement on the transfer of Passenger Name Records (PNR) should be referred to the European Court of Justice (ECJ) for an opinion on whether it is in line with the EU treaties and Charter of Fundamental Rights, MEPs said in a vote on Tuesday. This is the first time that Parliament has asked that a PNR agreement be given a preliminary check by the Court before the final vote on the deal.

The resolution was approved by 383 votes to 271, with 47 abstentions. Before voting on the resolution, MEPs rejected a proposal to postpone it by 307 votes in favour, 380 against and 14 abstentions."

See: Draft Motion for a Resolution pursuant to Rule 108(6) of the Rules of Procedure on seeking an opinion from the Court of Justice on the compatibility with the Treaties of the Agreement between Canada and the European Union on the transfer and processing of Passenger Name Record data (pdf)

UK: Terror bill requires universities to ban extremist speakers - Home Secretary Theresa May says Britain is facing ‘struggle that will go on for many years’ (Guardian, link): "Theresa May announced that the legislation would also place a statutory duty on schools, colleges, prisons and local councils to help prevent people from being drawn into terrorism." See: Speech in full: Home Secretary Theresa May on counter-terrorism (pdf)

GCHQ: SURVEILLANCE: Snowden-Leaks: How Vodafone-Subsidiary Cable & Wireless Aided GCHQ’s Spying Efforts (SZ International, link) With set of documents.

EU: LEAs personal data exchange between Member States: Council of the European Union: Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 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 - Chapters I, II and V (LIMITE doc no: 15659-rev1-14, 71 pages, pdf): Major revisions to the Council's negotiating position.with 264 Member State reservations and comments. Including trying to define what role the police and their specialist units play in "internal security" which is the province of internal security and intelligence agencies::

"This Directive lays down the rules relating to the protection of individuals with regard to the processing of personal data by competent (…) authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties as well as by the police or other law-enforcement services for the purposes of maintaining law and order and the safeguarding of internal security." (14105/14).[emphasis in original] and

"take on board the above-mentioned German suggestion, with the need to better clarify what the wording "law and order" is meant to include/exclude and in particular, as far as the concept of "internal security" is concerned, in order to avoid overlapping with tasks assigned to intelligence services in order to protect the security of the State from internal threats."

EU: Council of the European Union: Salzburg Forum Ministerial Conference Brdo pri Kranju, Slovenia, 11–12 November 2014 (pdf): Including:

""Enhancing police cooperation of Salzburg Forum members in the form of police chief meetings:
"The Ministers took note of the proposal to organize regular meetings of Salzburg Forum Chiefs of Police, in order to establish a close link between politics and operational police work. The Ministers agreed that a strong link and close interaction between the political/strategic and the operational police level is necessary to create an added value in the area of public security and to further enhance the cooperation in the framework of the Salzburg Forum...The Ministers welcomed Austria's willingness to organize the first meeting of the Salzburg Forum Chiefs of Police in the first half of 2015, under the Austrian Presidency of the Salzburg Forum."
The Salzburg Forum, based on an Austrian initiative taken in 2000, is a platform for multilateral dialogue and cooperation on issues of internal security. Its member states are Austria, Bulgaria, Croatia, the Czech Republic, Hungary, Poland, Romania, Slovakia and Slovenia.

EU: STOP spying on air travellers! (EDRI, link): "Tomorrow, the European Parliament will make an important decision on your right to privacy. The European Commission wants to collect, store and transfer all your flight passenger data to Canada. A resolution will be presented in the European Parliament to ask the Court of Justice (CJEU) if this agreement respects our fundamental rights. This is an important vote to stop air passenger data retention once and for all." See: Draft Motion for a Resolution pursuant to Rule 108(6) of the Rules of Procedure on seeking an opinion from the Court of Justice on the compatibility with the Treaties of the Agreement between Canada and the European Union on the transfer and processing of Passenger Name Record data (pdf). The parliament's plenary session will vote on this resolution on Tuesday afternoon.

Regin: Top-tier espionage tool enables stealthy surveillance (Symantec, Press release, link):"An advanced spying tool, Regin displays a degree of technical competence rarely seen and has been used in spying operations against governments, infrastructure operators, businesses, researchers, and private individuals." plus Technical Paper (pdf, link) and Regin, new computer spyware, discovered by Symantec (BBC News, link)

EU: PRESUMPTION of INNOCENCE: Council of the European Union: 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 - General approach (EU doc no: 15837-14, pdf): "The Council is invited to reach a general approach on the text, which will constitute the basis for future negotiations with the European Parliament in the context of the ordinary legislative procedure."

UK: Theresa May moves to give police powers to identify internet users: Lib Dems welcome plan to force internet service providers to keep details linking IP addresses to individuals (Guardian, link), Internet data plan back on political agenda (BBC News, link) and New Security Bill will force online service providers to keep log of users' activity (The Independent, link). The government is to add clauses to this effect to the Anti-Terrorism and Security Bill before parliament.

Tony Bunyan, Statewatch Director, comments: "The government yet again, as it did over DRIPA 2014, is openly ignoring the judgment of the Court of the European Union (CJEU) in April that the mass surveillance of communications, including the internet and mobile phones, is "unlawful". See Judgment (pdf)

See for background: Statewatch Analyses: Mass surveillance of communications in the EU: CJEU judgment and DRIPA 2014/RIPA 2000 in the UK (pdf) and GCHQ is authorised to “spy on the world” but the UK Interception of Communications Commissioner says this is OK as it is “lawful (pdf). The latter includes a statement by GCHQ to the Intelligence and Secuirty Committee in 2013, The reason much of GCHQ’s trawling is “overseas” is because:

“A complete call or message between two individuals may involve a large number of overseas CSPs and network providersOverseas CSPs, especially those based outside the EU, may not be obliged to retain the CD of most relevance to the authorities. Even if they hold the relevant data, they cannot be obliged to provide it to UK authorities, and may be unwilling to do so voluntarily.” (emphasis added, p.11)

European Parliament study: The End of the Transitional Period for Police and Criminal Justice Measures Adopted before the Lisbon Treaty.
Who Monitors Trust in the European Justice Area?
(pdf): "The Study argues that in light of Article 82 TFEU the rights of the defence are now inextricably linked to the coherency and effective operation of the principle of mutual recognition of criminal decisions, and calls the European Parliament to request the UK to opt in EU Directives on suspects procedural rights as condition for the UK to ‘opt back in’ measures like the European Arrest Warrant."

UK-EU JHA OPT-OUT: Final list of measures the UK will opt-out of and the list of measures still applicable to the EU:

• OPT-OUTs: List of Union acts adopted before the entry into force of the Lisbon Treaty in the field of police cooperation and judicial cooperation in criminal matters which cease to apply to the United Kingdom as from 1 December 2014 pursuant to Article 10(4), second sentence, of Protocol (No 36) on transitional provisions (LIMITE doc no: 15780-14, pdf)

• ACTS STILL APPLICABLE TO UK: List of Union acts adopted before the entry into force of the Lisbon Treaty in the field of police cooperation and judicial cooperation in criminal matters which have been amended by an act applicable to the United Kingdom adopted after the entry into force of the Lisbon Treaty and which therefore remain applicable to the United Kingdom as amended or replaced (LIMITE doc no: 15781-14, pdf)

• REFERENCE TO COREPER: Protocol 36 to the Lisbon Treaty - draft Schengen Decision: political agreement and use of the written procedure for adopting it - draft texts for publication in the OJ in C part, for information (LIMITE doc no: 15780-14, pdf)

EP: EU-CANADA PNR AGREEMENT to be REFERRED TO COURT? Draft Motion for a Resolution pursuant to Rule 108(6) of the Rules of Procedure on seeking an opinion from the Court of Justice on the compatibility with the Treaties of the Agreement between Canada and the European Union on the transfer and processing of Passenger Name Record data (pdf). The parliament's plenary session will vote on this resolution on Tuesday afternoon.

SURVEILLANCE: VODAFONE & GCHQ: Spy cable revealed: how telecoms firm worked with GCHQ (Channel 4 News, link):

"One of the UK's largest communications firms had a leading role in creating the surveillance system exposed by Edward Snowden, it can be revealed. Cable and Wireless even went as far as providing traffic from a rival foreign communications company, handing information sent by millions of internet users worldwide over to spies.

The firm, which was bought by Vodafone in July 2012, was part of a programme called Mastering the Internet, under which British spies used private companies to help them gather and store swathes of internet traffic; a quarter of which passes through the UK. Top secret documents leaked by the whistleblower Edward Snowden and seen by Channel 4 News show that GCHQ developed what it called "partnerships" with private companies under codenames. Cable and Wireless was called Gerontic."

UK: NUJ members under police surveillance mount collective legal challenge (NUJ, link): Six NUJ members have discovered that their lawful journalistic and union activities are being monitored and recorded by the Metropolitan Police. They are now taking legal action against the Metropolitan Police Commissioner and the Home Secretary to challenge this ongoing police surveillance. The NUJ members involved in the legal challenge include Jules Mattsson, Mark Thomas, Jason Parkinson, Jess Hurd, David Hoffman and Adrian Arbib:

EU: Supra-national border guard system on EU radar (euobserver, link): "The final phase is the most far-reaching. Also known as “full integration at EU level”, it entails setting up an entirely new agency - the committee on Schengen border management (CSBM). The new body would be composed of border guards under a EU-level command structure. The study notes that all border guards, previously acting under the command and control of national authorities, would now form part of the European border guard corps." and see European Commission: DH Home: Study: Study on the feasibility of the creation of a European System of Border Guards to control the external borders of the Union ESBG (pdf)

EU: Council of the European Union: Data Protection:

• DP Regulation:The one-stop-shop mechanism (LIMITE doc no: 14788-rev1-14, 68 pages, pdf)

• DP Directive on LEAs exchange of personal data between member states: DIRECTIVE 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 - Chapters I, II and V (LIMITE doc no: 15659-14, 71 pages, pdf) Here one option for the Council is to extend the scope from policing and law and order to include "internal security" as well - which could embrace internal security agencies too.

Council of the European Union: Cyber Defence Policy and Presumption of Innocence

EU Cyber Defence Policy Framework (LIMITE doc no: 15193-14, pdf): "Cyberspace is often described as the fifth domain of military activity, equally critical to European Union (EU) Common Security and Defence Policy (CSDP) implementation as the domains of land, sea, air, and space. The successful implementation of CSDP has been increasingly dependent on the availability of, and access to, a secure cyberspace. Robust and resilient cyber defence capabilities are now required to support CSDP structures and CSDP missions and operations."

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 - General approach (EU doc no: 15325-14, pdf) "This general approach will then constitute the basis for negotiations with the European Parliament."

USA: Senate Blocks NSA Phone Records Measure (ABC News, link): "The Senate on Tuesday blocked a bill to end bulk collection of American phone records by the National Security Agency, dealing a blow to President Barack Obama's primary proposal to rein in domestic surveillance." And: NSA Reform Bill Dies As Republicans Hype Threats From Islamic State (The Intercept, link)


Top reports

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
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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 (pdf) by Ben Hayes

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

Neoconopticon: the EU security-industrial complex (pdf) by Ben Hayes

The Shape of Things to Come (pdf) by Tony Bunyan


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