Meanwhile, in France

La Quadrature du Net reports:

“Paris, 3rd September 2015 — Today, the non-profit ISPs FDN and the FDN Federation as well as La Quadrature du Net announced the introduction of two legal challenges before the French Council of State against the Internet surveillance activities of French foreign intelligence services (DGSE). As the French government plans the introduction of a new bill on international surveillance, these challenges underline the need for a thorough oversight of surveillance measures.”

Three French NGOs Challenge French International Surveillance »

Industry wants NSA access to European personal data

The EU is in the process of modernising data protection — in the General Data Protection Regulation (GDPR).

One key point is that European personal data, stored in Europe should be protected under European law. Companies should be able to deny requests for personal data from non-member countries. Politico.eu explains…

A small section, Article 43a, says companies should not always comply with requests from courts, tribunals and administrative authorities in non-EU countries for the personal data of Europeans. The only exceptions would be under law enforcement treaties or relevant agreements between those countries and the EU, or individual European countries.

This ought to be a no-brainer. But it has turned out to be highly controversial. One reason might be that US intelligence and law enforcement would like to have access to as much as possible. (And sadly they probably will, under other agreements and treaties. But it shouldn’t be the default mode.)

This is the position of the European Parliament. However, EU member states in the European Council are not at all happy with this article. Apparently, their allegiance does not lie with the citizens and European business.

And now the Industry Coalition for Data Protection (ICDP) composed of Big Data, IT- and telecoms multinationals have stepped in to kill article 43a.

The coalition sent a letter this week to Justice Commissioner Věra Jourová, parliamentary rapporteur Jan Philipp Albrecht MEP, and the Luxembourg presidency of the Council of the EU — the key representatives of the three institutions that are currently negotiating the regulation’s text.

The letter from ICDP said that adopting a “unilateral approach” would create deliberate conflicts of law and severely undermine “both the principles of reciprocity in diplomatic relations as well as the credibility of the EU data protection reform.”

Apparently, these companies are more concerned about their relations with US authorities than data protection.

Politico.eu: Industry issues plea over data reform »

/ HAX

A first sign of an EU ban on encryption?

I noticed that UK Prime Minister Camerons idea that governments should be able to circumvent encryption (the “backdoor” concept) has been echoed by the leader of the Swedish parliamentary opposition, the centre-right partys (Moderaterna) Anna Kinberg Batra.

At a glance this seems to be rather insignificant. But you should know that under the former Swedish centre-right government Sweden established itself as a very close partner to US NSA and British GCHQ. The Snowden files reveals that Sweden (code name: Sardine) is in so close cooperation with the US lead “five eyes coalition” that you could actually talk of a “six eyes coalition”. When the Swedish electronic surveillance organisation Försvarets Radioanstalt (FRA) was given extended mandate it is said that the US helped the Swedish government to draft the new law. And many of the shady details of the FRA law seems to be copied from the US legislative framework.

The Swedish opposition leader wouldn’t do anything concerning mass surveillance without consulting with the US and the UK. (And the present Swedish red-green government is just as compliant.)

This is what is significant. When Swedish politicians echo what is being said in Washington and London – you can be almost certain that there is some coordinated political action going on. And when it comes to Big Brotherism, Sweden is a really bad influence on other EU member states.

This might very well be the first sign that a ban on encryption is to be coordinated at a European level. (It is open to question if this is within EU competence. But if not, the member states probably will do as usual: Coordinate national legislation after an informal conclusion in the Council.)

/ HAX

Mass surveillance creates a suspicious society

Society is getting more and more complex. The number of rules and laws is enormous, beyond the point where you reasonably can be expected have a grasp of what you may and may not do. And far from all rules are reasonable or intuitive. There are laws based on very subjective moral grounds, laws that creates crimes without victims and laws that are there for no apparent reason at all.

Most likely most of us are unknowingly breaking some laws every day. (And some knowingly.)

And where you have rules, you always have smug and self-righteous people acting as some sort of sentinels — telling others how to behave and ratting on people.

This happens in all sorts of groups and societies. But it has been especially noticeable in authoritarian societies. Ratting on others is perceived to prove to people in power that you are on their side — and it shifts focus away from looking closer at you and your behaviour. Sadly, this is a rather rational behaviour under certain circumstances.

So, what happens when you add mass surveillance to the equation? Everyone has something to hide. And when the authorities are able to scrutinise the lives, communications and actions of everybody — there are even stronger incentives for people to sell out others (by the same reasons as mentioned above).

Mass surveillance creates a suspicious society, where you cannot trust other people.

It’s easy for governments to exploit the publics fear of terrorism and crime — and rather difficult to get people to understand the dangers of a society where trust between people is being eroded.

/ HAX

Enemies of the State, unite!

Have you noticed that they kill people based on meta data? Not in the US and Europe. But people far away. With drones, the targets selected from among other things: meta data from telecommunications.

So… what phone calls did you make yesterday? Last week?

They can. They do. Maybe not where you live. But it is only a matter of time.

But you have nothing to hide — and for that reason nothing to fear, right? (Really? Nothing?)

First of all, it may be up to a machine to decide on that. Without involvement of human reason. Doesn’t your communication patterns appear to be a little… odd?

Frankly, everyones communication patterns look odd — if you look into them in detail and add this with information from other social charts. You almost certainly are only a few common friends away from some seriously bad people. (Phone books are gold mines for people who draw lines between the dots.)

And there are plenty of laws around to make something stick to you. You don’t have to be guilty. But legal trouble can incapacitate you for years and drain all your money away. (The wars on terrorism, drugs and “piracy” can be very useful for the government, in this regard.)

In the US, apparently the Obama administration use the IRS to make life hell for anti-Obama activists. (Link») Captivating.

But it dosen’t have to be party political. You can become an Enemy of the State just by telling the people what their governments and officials really are up to. (Manning, Assange, Snowden, Brown & Co.)

This perverted system is already connected to the killing machines. I sure hope all our leaders are wise, honest and fair people. Always.

/ HAX

Experts: No to encryption back doors

From the New York Times

“An elite group of security technologists has concluded that the American and British governments cannot demand special access to encrypted communications without putting the world’s most confidential data and critical infrastructure in danger.”

“Such access will open doors through which criminals and malicious nation-states can attack the very individuals law enforcement seeks to defend,” the report said. “The costs would be substantial, the damage to innovation severe and the consequences to economic growth hard to predict. The costs to the developed countries’ soft power and to our moral authority would also be considerable.”

Raed more:

Security Experts Oppose Government Access to Encrypted Communication »

Computer Security Experts Release Report Slamming Proposals To Backdoor Encryption, As FBI Makes Latest Push »