EU: No new directive on data retention. But…

According to Reuters there will be no new EU directive on data retention — after the European Court of Justice (ECJ) last year declared the existing one to be in breach with human rights.

“On the data retention directive, the European Commission does not plan to present a new legislative initiative,” Dimitris Avramopoulos told a news conference in Brussels.

This is good news. No directive, no mandatory data retention in EU member states. But to fully understand the Commission statement you will need to know how the EU is working, under the hood.

Clearly, with the ECJ verdict a new directive would run into difficulties in the European Parliament. And it would, for sure, be challenged at the ECJ again.

But with no new directive, data retention will be a concern for member states. Meaning that countries who want to continue data retention can claim that their model is special and not in breach with the ECJ ruling and / or the human rights charter.

To sum it up: No new directive will not result in a ban on data retention. It will only move the issue to the respective national level. So the matter of data retention is in no way settled. 

Reuters: EU executive plans no new data retention law »

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Why privacy matters

Privacy is the bedrock of individual freedom. It is a universal right that sustains the freedoms of expression and association. These principles enable inquiry, dialogue, and creation and are central to Wikimedia’s vision of empowering everyone to share in the sum of all human knowledge. When they are endangered, our mission is threatened. If people look over their shoulders before searching, pause before contributing to controversial articles, or refrain from sharing verifiable but unpopular information, Wikimedia and the world are poorer for it.

Wikimedia about their lawsuit against NSA and the US Department of Justice – to challenge mass surveillance.

Links:
Wikimedia v. NSA: Wikimedia Foundation files suit against NSA to challenge upstream mass surveillance »
Stop Spying on Wikipedia Users »

US government still hunting Wikileaks

The Guardian reports…

The US government is conducting an active, long-term criminal investigation into WikiLeaks, a federal judge has confirmed in court documents.

Five years after Julian Assange and his team began publishing the massive dump of US state secrets leaked by an army intelligence analyst, two wings of the Department of Justice and the FBI remain engaged in a criminal investigation of the open-information website that is of a “long-term duration”, “multi-subject” in nature and that “remains in the investigative state”.

Read more »

Google, where the truth lies?

Apparently Google is about to make changes to its search engine. The New Scientist reports…

“A Google research team is adapting that model to measure the trustworthiness of a page, rather than its reputation across the web. Instead of counting incoming links, the system – which is not yet live – counts the number of incorrect facts within a page.”

It will be very interesting to see what is to be considered as the truth.

There are areas where we might not have reached the final conclusion on what is true, where we need additional information to fully understand what is going on – or where “common knowledge” simply is wrong. Suddenly we are moving into the realm of what we don’t know that we don’t know…

And what about disputed areas — such as war on drugs versus legalisation and harm reduction? Who will decide what is true? On what grounds?

If the “truth” is to be decided from what the majority believes – Google might become a truly conservative and reactionary force.

Tread carefully. Don’t be evil.

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The real impact of surveillance

Job-seekers under surveillance can lose income needed to survive if their online activity fails to match up to job search demands. People interested in campaigning hestiate over getting involved with movements for social justice when the police count activism as akin to domestic terrorism.

It’s clear that surveillance affects a broad group of people, with real painful consequences for their lives. We’ve seen journalists being monitored, lawyers having their client confidentiality broken, victims of police misconduct being spied on and environmental campaigns infiltrated. These people are not criminals, and yet when we have a system of mass surveillance, they become targets for increasingly intrusive powers.

We also know that state surveillance stigmatises certain groups of the population, it targets communities and networks. Innocent people who share similarities with suspects, (similar Skype chat user names, nearby places of worship, physical location) fall under intense scrutiny, like having their private web cam chats examined. Mass surveillance disproportionally affects marginalized groups and fosters mistrust.

Read more at Open Rights Group: The real impact of surveillance »

In two weeks time, world leaders may decide to undermine encryption

There are telltale signs that the US administration will move against encryption. The latest comes from Bob Litt, the General Counsel for the Office of the US Director of National Intelligence (ODNI).

In a speech this week he echoed the demand that government should be allowed access to all our information. Among other things, he touched on the idea of a magical golden key.

I’m not a cryptographer, but I am an optimist: I believe that if our businesses and academics put their mind to it, they will find a solution that does not compromise the integrity of encryption technology but that enables both encryption to protect privacy and decryption under lawful authority to protect national security.

Even if this is not a ban on encryption, it is very serious. Mike Masnick at  Techdirt explains…

I’m not sure how many times in how many different ways this needs to be explained, but what they’re asking for is a fantasy. You cannot put a backdoor in encryption and create a magic rule that says “only the government can use this in lawful situations.” That’s just not how it works. At all. The very idea of decryption by a third party “compromises the integrity of the encryption technology,” almost by definition.

But I’m not sure this will be considered as a valid argument by our ignorant politicians.

It would make little sense for the US to go for a “magical golden key” on its own. Likely other members of the NSA Five Eyes group (UK, Canada, Australia and New Zeeland) will do the same.

And the EU? Europe normally follows the US in these matters. There will be an Global Security Summit in Washington later this month. And there are reasons to believe that also politicians in most EU member states would like to give their authorities the ability to circumvent encryption.

As EU member state ministers for justice and home affairs made their last meeting (in Riga) an informal one, this topic might very well have been up for discussion. (But the public is not allowed to know exactly what went on.) This is exactly what you might expect — and exactly the kind of thing the Council would keep under wraps, to avoid debate and protests until it’s too late. And the timing is just right.

The way the world is right now (Ukraine, IS and potential monetary crises) it should be no problem for world leaders to package the whole thing as “emergency legislation”.

The European Parliament will object, no doubt. But it will be sidestepped. All EU member states have to do is to agree to make this national legislation in all (or most) member states.

As a matter of fact, the EU has no formal competence when it comes to national security matters. So it will have to be a multilateral arrangement.

All the European Parliament can do is to try to protect human and civil rights in a wider sense. But that will probably not go beyond a sharply formulated resolution.

The matter can be sent to the European Court of Justice (for breach of the EU Charter of Fundamental Rights) or the European Court of Human Rights (upholding the European Convention on Human Rights). But in both cases a court process may drag out for years.

In this matter, politicians can do almost as they want. And they will not fail to make use of current world events as an excuse. (Never waste a good crisis.) The only thing that might stop them is general outcry — on a massive scale.

Soon we will know. All eyes on the Global Security Summit in the US on February 18.

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Techdirt: Intelligence Community’s Top Lawyer Endorses Desire For Unicorns, Leprechauns & Golden Keys That Don’t Undermine Encryption »

Obama to make policy decision on encryption

The New York Times reports…

“Decisions remain to be made, for example, on whether the government will accede to the review group’s insistence that the intelligence agencies support stronger encryption of data to protect against hacking — at a moment when the F.B.I. and many intelligence officials are protesting that new encryption technologies used by Apple for its iPhones and other firms are making it all but impossible to decode the communications of suspected criminals or terrorists. Mr. Obama is expected to make decisions on those issues in the coming weeks.”

Read more: President Tweaks the Rules on Data Collection »

AJE: The Jason Moon interview

Here is a sobering interview, made by Al Jazeera English with hacker Jason Moon.

Among other things he talks about the new imbalance between data mining and old fashion intelligence work–making us all less secure.

AJE: Jason Moon: Preparing for a ‘digital 9/11’ »

Google, Wikileaks and the U.S. Government

The Independent (UK) reports…

Google handed over emails and data belonging to WikiLeaks and was unable to tell the group that it had done so for three years. (…)

The data requests are thought to be related to an ongoing investigation into WikiLeaks, launched in 2010. It is related to the publication of hundreds of thousands of US government secrets tand cables that were provided by Chelsea Manning.

Link: Google secretly handed over WikiLeaks emails and personal data to US government »