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    ISSN 1756-851X
    28 November 2014

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UK: NEW POWER IN COUNTER TERRORISM BILL TO GATHER IP ADDRESSES IS NOT LIMITED TO TERRORISM, IT WILL COVER ALL CRIME: Counter-Terrorism and Security: Counter-Terrorism and Security Bill - Full-text (pdf) The Bill amends the Data Retention and Investigatory Powers Act (DRIPA 2014) which in turn amended RIPA 2000. This means that although the Foreword refers to "terrorism" there is no such limitation in the text of the Bill. The new power in Clause 17 for the retention of IP addresses (covering internet usage and VOIP) is not limited to combating terrorism as DRIPA 2014 and RIPA 2000 cover all crime. This is confirmed by the Impact Assessment on: IProtocol Address Resolution (pdf) which makes it crystal clear that this new power will cover all cime, not just terrorism.

See also: Explanatory Memorandum to the Bill (pdf) and: Impact Assessments on: Passport Seizure (pdf), Terrorism Prevention and Investigation Measures (pdf), Temporary Exclusion Orders (pdf), Border Security (pdf), Prevent (pdf), Kidnap and Ransom (pdf) and Privacy and Civil Liberties Board (pdf)

Germany, Austria and Italy launch "trilateral controls" to deal with "the increasing numbers of refugees"

On 13 November the German Interior Ministry announced the start of what it calls "trilateral patrolling" - police patrols in border regions involving officers from Germany, Austria and Italy. Controls, primarily focused on trains, will be "significantly boosted" by the operation. Thomas de Maizière, German's Federal Interior Minister, said: "Stronger action against illegal migration is urgently required in view of the increasing numbers of refugees." The new measures have been advertised as "trilateral" in nature. However, it seems that the controls will mostly take place on Italian territory.

EU: NSA-GCHQ: SURVEILLANCE: Secret Malware in European Union Attack Linked to U.S. and British Intelligence (Intercept, link): "Complex malware known as Regin is the suspected technology behind sophisticated cyberattacks conducted by U.S. and British intelligence agencies on the European Union and a Belgian telecommunications company, according to security industry sources and technical analysis conducted by The Intercept."

Spain: repressive laws that also concern Europe (pdf), French (pdf) and Spanish (pdf): "On 17 October, Members of Parliament from the People’s Party, party in government in Spain, have adopted the draft Organic Law on the Protection of Citizen’s Security and have rejected all the amendments presented by the various opposition parties...

The Organic Law on the Protection of Citizen’s Security provides for the introduction of 21 new offences and severe penalties for actions linked to social protest, and increases the discretionary power of the police to implement measures such as the identification of persons, body search, the possibility to enter in private homes and to record data, or the limitation of the freedom of movement. Moreover, the power of security forces would be strengthened as taking photographs of police actions during demonstrations would be sanctioned... The bill has been launched by the People’s Party with the obvious aim to fight mobilisation against policies of economic austerity and their consequences on rights."

See also: European Parliament Press release: Debates on EU approach to migration and the expulsion of migrants from Spain (pdf): "MEPs discussed planned changes to Spanish law which would enable the country to expel clandestine migrants caught entering its North African enclaves Ceuta and Melilla without providing legal or procedural safeguards for them. Most speakers questioned whether these “hot returns” are consistent with EU law and values and asked whether the Commission is planning to take any action to address the practice."

EU: RIGHT TO BE FORGOTTEN: EU regulators want right-to-be forgotten to go global (euobserver, link) and see: Article 29 Data Protection Working Party: Statement (pdf)

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: 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."

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
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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