Archive | Police state

EU proposal: All travel to be registered

I cannot say that I am surprised. I have seen this coming, for a long time:

Jambon’s plan takes this initiative [PNR] and applies it to other means of transport. It will mean that anyone wanting to travel by rail, sea or by bus to another EU country will have to register their information.

Fighting terrorism is just a pretext. Politicians want ever more control and surveillance of the people. They will not be satisfied until there is total control.

• Euractiv: Belgium prepares to present passenger data plans to rest of EU »
• Techdirt: Belgium Wants EU Nations To Collect And Store Personal Data Of Train, Bus And Boat Passengers »

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Politicians vs. human rights

The European Court of Justice (ECJ) has – once again – ruled that data retention (storage of data on everybody’s phone calls, text messages, e-mails, Internet connections, mobile positions etc.) is in breach of fundamental human rights.

Nevertheless, politicians in several EU member states are trying their hardest to ignore the court. For them, Big Brotherism carries more weight than human and civil rights.

Let that sink in.

Politicians are more interested in controlling the people than defending its rights. They are more interested in treating ordinary people as potential criminals than upholding principles that are pivotal to a democratic society. They degrade citizens to subordinates, to be ruled over and supervised.

Never, ever expect politicians to defend civil rights. Their agenda is a very different one.

/ HAX

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EU:s ambiguous directive on combating terrorism

This week the Human Rights Committee (LIBE) in the European Parliament will finalize the formalities on the new EU directive on combating terrorism. There is little room for changes, as there has been closed door negotiations (trialogue) on the content between the Parliament, the Council (member states) and the Commission. From LIBE the directive will go to the vote in the December Parliamentary plenary session in Strasbourg.

This directive is an odd document as national security is not formally an EU competence. Newer the less, it has been rushed trough the system and is now close to becoming EU law.

The document can be seen as a response to the Paris and Brussels terrorist attacks. It is surely the result of pressure on EU member states interior ministers to be seen to do… something.

The directive is notably vague. Maybe even suspiciously vague.

Among the listed purposes for illegal terrorist actions, we can read the following »seriously destabilising or destroying the fundamental political, constitutional, economic or social structures of a country or an international organisation«. And on form»given their nature or context«.

This is vague. And it sounds dangerously close to… suppressing opposition or perfectly legitimate disruptive political activism. Would this label e.g. a tax revolt terrorism?

Threats to »information systems« resulting in »major economic loss« are also mentioned. Exactly where does this place some forms of hacking or maybe a DDoS attack? Will hackers now be deemed to be terrorists?

And exactly what does the following suggest? »Member States shall take the necessary measures to ensure that the distribution, or otherwise making available, of a message to the public, with the intent to incite the commission of one of the offences listed in points (a) to (h) of Article 3(2), where such conduct, whether or not directly advocating terrorist offences, causes a danger that one or more such offences may be committed, is punishable as a criminal offence when committed intentionally.«

The wording »whether or not directly advocating terrorist offences« is just confusing.

»For an offence referred to in Article 4 and Title III to be punishable, it shall not be necessary that a terrorist offence be actually committed, nor shall it be necessary to establish a link to a specific terrorist offence or, insofar as the offences in Articles 9 to 11 are concerned, to specific offences related to terrorist activities.«

Isn’t that a bit ambiguous?

So it continues. And I’m not the only one being suspicious…

Amnesty International, the European Network Against Racism (ENAR), European Digital Rights (EDRi), the Fundamental Rights European Experts (FREE) Group, Human Rights Watch (HRW), the International Commission of Jurists (ICJ) and the Open Society Foundations (OSF) are warning that the overly broad language of the new EU Directive on Combating Terrorism could lead to criminalising public protests and other peaceful acts, to the suppression of the exercise of freedom of expression protected under international law, including expression of dissenting political views and to other unjustified limitations on human rights. The Directive’s punitive measures also pose the risk of being disproportionately applied and implemented in a manner that discriminates against specific ethnic and religious communities.

It seems that the purpose of this directive is to expand the scope of the anti-terror legislation to cover as much as possible. The risk is that it will go too far – labeling opposition, activism, hacking, and some other political activities as terrorism. Especially as it is up to the member states to implement this directive. There are plenty of politicians in Europe just looking for an excuse to silence uncomfortable voices and disruptive political movements.

/ HAX

LIBE meeting documents »

EDRi: European Union Directive on counterterrorism is seriously flawed »

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The two faces of Big Brotherism

There is a huge difference between government mass surveillance and commercial privacy infringements.

The government can use force to make you behave the way politicians and bureaucrats want you to behave. The government can limit your freedom and it tends to curtail your civil rights. In a state with total control, democracy will succumb. Living in a Big Brother society will be unbearable. Government mass surveillance is about control and power.

Commercial players tend to use the data they collect to try to sell you stuff – which basically is about influencing a voluntary relation. Or to evaluate partners (customers, suppliers etc.) that they conduct business with. Never the less, this can be very annoying, intrusive, damaging and even dangerous for the private individual.

We must keep in mind that these are two different issues. They are about totally different relations to the individual. They should be approached in different ways.

Sometimes I get the impression that certain parties in the public debate deliberately is trying to muddle the water. Politicians regularly try to lead the discussion away from government mass surveillance to issues concerning commercial actors. And when asked what they do to protect people’s right to privacy their answers often are about Facebook, Google, advertising and commercial data mining – when it ought to be about mass surveillance, data retention and the relations between citizens and the state.

They shouldn’t be allowed to get away with that.

/ HAX

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Meanwhile, in France…

“The State of Emergency in France has been extended until January. In reaction to violence shaking the country and with the presidential election of 2017 only a few months away, political leaders are indulging an ignominious orgy of security-driven policy. Not satisfied with merely prolonging the state of emergency, lawmakers have also amended the 2015 Intelligence Act passed last year to legalize domestic mass surveillance.”

La Quadrature du Net » French State of Emergency: Overbidding Mass Surveillance »

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Make UN member states stand by their word on the Internet and privacy

“1. Affirms that the same rights that people have offline must also be protected online, in particular freedom of expression, which is applicable regardless of frontiers and through any media of one’s choice, in accordance with articles 19 of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights;”

These are words from the United Nations Human Rights Council, in a declaration of the 27:th of June. (PDF») It continues…

“8. Calls upon all States to address security concerns on the Internet in accordance with their international human rights obligations to ensure protection of freedom of expression, freedom of association, privacy and other human rights online, including through national democratic, transparent institutions, based on the rule of law, in a way that ensures freedom and security on the Internet so that it can continue to be a vibrant force that generates economic, social and cultural development;”

“9. Condemns unequivocally all human rights violations and abuses, such as torture, extrajudicial killings, enforced disappearances and arbitrary detention, expulsion, intimidation and harassment, as well as gender based violence, committed against persons for exercising their human rights and fundamental freedoms on the Internet, and calls on all States to ensure accountability in this regard;”

“10. Condemns unequivocally measures to intentionally prevent or disrupt access to or dissemination of information online in violation of international human rights law and calls on all States to refrain from and cease such measures;”

Great! Or… what?

I cannot help noticing that Turkey is one of the signing countries… And Poland, despite the country’s ever more dubious approach to free speech.

The United Kingdom (with the GCHQ) and the United States (home of the NSA) have signed the declaration. And countries like Sweden (FRA), Germany (BND) – who are part of the global surveillance network.

Do they really mean what they say? Probably not.

This is a great UN declaration. But the fight for a free and open internet, free speech, privacy and civil rights still needs to be fought by an army of activists. You simply cannot trust governments with this, just because they say so.

It’s like 5 July 2012. The day that gave the 5 July-foundation (who, among other things is running this blog) its name. (Read more») This was the date for an ambitious UN resolution “on the Promotion, Protection, and Enjoyment of Human Rights on the Internet”.

Then, like now, we believe that words are not enough and that the Internet community must engage in the battle to defend the values stated in the resolution.

Today the 5 July-foundation runs several projects for security, privacy and liberty. (Read more»)

Actually, today is also the second anniversary of this blog – trying to identify threats to digital liberty. I hope you enjoy it.

And let’s use this UN resolution as valuable support when our governments go back to Big Brother Business as usual. We have their words on paper. And we demand that they stand by them!

/ HAX

• The Declaration (PDF) »
• UN rights council condemns internet blocking »
• UN rights council condemns the disruption of internet access »
• UN Human Rights Body Condemns Nations Blocking Internet Access »
• UN Human Rights Council Passes Resolution ‘Unequivocally’ Condemning Internet Shutdowns »
• Disrupting Internet Access Is A Human Rights Violation, UN Says »

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Silicon Valley on mass surveillance: Enough is enough

Washington Post:

Like many Silicon Valley start-ups, Larry Gadea’s company collects heaps of sensitive data from his customers.

Recently, he decided to do something with that data trove that was long considered unthinkable: He is getting rid of it.

The reason? Gadea fears that one day the FBI might do to him what it did to Apple in their recent legal battle: demand that he give the agency access to his encrypted data. Rather than make what he considers a Faustian bargain, he’s building a system that he hopes will avoid the situation entirely.

WP: What’s driving Silicon Valley to become ‘radicalized’ »

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Surveillance: Who owns you and your life?

There are many dimensions to the concept of privacy.

A fundamental question is: Who owns you and your life?

If you are not the owner of your person – that will open up for abominations like slavery, organ farming, and some absurd utilitarian concepts.

But if you are the owner of your person – this must include your body as well as your mind and your faculties.

So… if you are the owner of your person – does anybody else (a private person or a collective of persons) have the right to look into your mind, your thoughts and your beliefs? Does anybody else have the right to look into your relations to other people, your quest for knowledge or your personal habits and preferences?

Because that is exactly what is done when government snoops around in your communications, among your files and in your social networks.

The only reason I can find for allowing this is if a person is threatening other peoples’ security or property.

A person who is no threat to others should be left alone. And this is actually what is said e.g. in the European convention on human rights. People have the right to privacy and private correspondence unless they are a threat to others or to society. (Obviously, it might be debated what constitutes a threat to society. But you get the general rule.)

However, governments do not care. They want mass surveillance. They want to collect as much information as possible about as much people as possible.

The ruling political class simply does not treat us as free citizens but as serfs.

You should keep that in mind next time there is a general election.

/ HAX

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