EU-FBI: EU-FBI telecommunications system moves two steps nearer
01 March 1999
The EU-FBI telecommunications surveillance system is developing apace through two separate, but intrinsically intertwined, initiatives (see Statewatch, vol 7 no 1 & 4 & 5; vol 8 nos 5 & 6). First, the Council has proposed a new draft Council Resolution to extend the 1995 "Requirements" Resolution to cover "new technologies" - the Internet and satellite-based telecommunications. Second, the Council is on the brink of agreeing a formula to provide a legal base for "remote" access to the Iridium satellite "ground station" in Italy - through new clauses in the draft Convention on Mutual Legal Assistance in criminal matters. This draft Convention will provide the legal framework for the interception of all forms of telecommunications in the EU required to put into effect the EU-FBI surveillance system. Both measures are expected to be agreed at the 27-28 May meeting of the Justice and Home Affairs Council.
Background
The 1995 Council Resolution on the lawful interception of telecommunications setting out the "Requirements" was slipped through the EU by what is known as "written procedure" on 17 January 1995. "Written procedure" is a decision-making process whereby a measure is sent out to EU member states for agreement between meetings of the Council of Ministers. In October 1994 the US Congress had adopted its version of the "Requirements" drawn up by the FBI. Not wishing to wait three months until the next meeting of the Justice and Home Affairs Council the German Presidency took the initiative to use "written procedure" (all Member States are obliged to reply though they may add statements to be included in the Council minutes). Using the "written procedure" process had another effect, the "Requirements" Resolution remained hidden from view until November 1996 when it was published in the EU's Official Journal. In the USA civil liberties groups have campaigned against the new surveillance powers since 1993, however the EU end of the EU-FBI axis only became apparent when Statewatch published its first report in February 1997.
The "new technologies"
In July 1998 the Austrian Presidency of the EU put forward a proposal for a "Draft Joint Action on the interception of telecommunications" which was discussed by the Police Cooperation Working Party (Experts' meeting - Interception of telecommunications) at its meeting on 3-4 September in Brussels. This draft Joint Action was intended to extend the 1995 "Requirements" to "new technologies" (the Internet and satellite-based telecommunications) and to place on network operators and service providers an obligation to provide information and assistance in the interception of telecommunications. The idea of a Joint Action was dropped by the end of July as a number of EU member states were not prepared, or ready, to adopt a binding commitment to place an "obligation" on network and service providers at national level.
However, the same meeting of the Police Cooperation Working Party was also considering reports drawn up by three "expert groups": the IUR (International User Requirements) and the STC (Standing Technical Committee) from their meeting in Rome on 14-16 July 1998 plus the conclusions of an earlier meeting of ILETS (International Law Enforcement Telecommunications Seminar). The role of these non-EU working groups is made explicit in ENFOPOL 98 which had "been drafted by the technical groups ILET, STC and IUR."
There were further meetings of IUR, 20-22 October in Vienna and 27-28 October in Madrid. By November 1998 meetings of ILETS, IUR and STC concluded that "adjustments" to the 1995 "Requirements" to cope with the "new technologies" was "an urgent necessity".
The key group is ILETS, revealed by Statewatch in February 1997 (vol 7 no 1) and pinned down by Duncan Campbell in an article in the Guardian's Online. ILETS was founded by the FBI in 1993 and is comprised of: the US, Canada, Norway, Australia, New Zealand and Hong Kong (it is not kno