Statewatch News Online, 25 April 2014 (06/14): UK: So who exactly IS now classified as a ‘Domestic Extremist’?

25 April 2014 — Statewatch • e-mail: office@statewatch.org

NEWS
http://www.statewatch.org/news/

1.   USA: No-fly list used by FBI to coerce Muslims into informing
2.   EU: European Data Protection Supervisor (EDPS): European Terrorist Finance Tracking System (TFTS)
3.   UK: So who exactly IS now classified as a ‘Domestic Extremist’?
4.   EU-USA: DATA PROTECTION AGREEMENT: NEGOTIATING AWAY OUR RIGHTS IN SECRET?
5.   UK: HMIC Report: The Strategic Policing Requirement
6.   EU: Statewatch Analysis: EU Justice and Home affairs legislation 2009-14
7.   EU: MANDATORY DATA RETENTION: Are national data retention laws within the scope of the Charter?
8.   EU: Council of the European Union: Regulation on Data Protection, LEAs Directive on exchange of personal data & UK access to SIS II
9.   EU: Council of the European Union: Border Control ID Technology, Researchers. UK Evaluation, Europol & EUCI
10. EU: DATA PROTECTION: Article 29 Working Party: Surveillance for intelligence and national security purposes
11. CoE: Report: Secretary-General: State of democracy, human rights and the rule of law in Europe
12. EU: FRONTEX: New rules on Frontex operations at sea from Ska Keller (Green Group)
13. EU: European Parliament studies: Review of Security Measures in the 7th Research Framework Programme FP7
14. FRANCE: Paris police order ‘systematic eviction’ of Roma gypsies
15. EU: POST-STOCKHOLM JHA PROGRAMME: UK House of Lords Select Committee on the EU
16. EU: European Commission: 2013 Report on the Application of the EU Charter of Fundamental Rights
17. USA-CIA-UK: UK urged to admit that CIA used island as secret ‘black site’ prison
18. AFRICA: Migreurop: 4th EU-Africa summit – EU-Africa Migration policies: the deadly obliviousness of heads of state
19. EU: European Commission: New visa package
20. NETHERLANDS: Meijers Committee: Bill tabled by André Bosman (VVD) to regulate the right of Dutch nationals
21. EU: CEN/CENELEC/ETSI: Cyber Security Coordination Group (CSCG)
23. The “Effimera” discussion list has issued an appeal intimidation and repression deployed against social movement in Europe
25. EU: MANDATORY DATA RETENTION: European Parliament: Legal Service Opinion on the ECJ judgment:
26. UK: Home Office: Post-legislative Scrutiny of the Counter-Terrorism Act 2008:
27. UK:The United Kingdom’s Strategy for Countering Terrorism: Pursue • Prevent • Protect • Prepare
28. EU: Claiming asylum after interception is “abuse” of procedure, claims joint police operation report
29. ECJ-DATA RETENTION JUDGMENT: The Court of Justice declares the Data Retention Directive to be invalid
30. EU: CIVIL DRONES: European Commission: European Commission calls for tough standards to regulate civil drones
31. EU: SECRET TRILOGUES MEETINGS: Secret EU lawmaking: the triumph of the trilogue
32. UK-CIA: TORTURE: Tony Blair ‘knew all about CIA secret kidnap programme’

EU-NSA-GCHQ: DATA SURVEILLANCE: Selected stories for full coverage see:
http://www.statewatch.org/eu-usa-data-surveillance.htm

1. USA-NSA: DATA SURVEILLANCE: HEARTBLEED: NSA Said to Exploit Heartbleed Bug for Intelligence for Years
2. USA: Congressional Research Service: Reports
3. GERMANY-USA: NSA: Angela Merkel denied access to her NSA file
4. COE: USA-NSA-DATA SURVEILLANCE: Parliamentary Assembly: Podcast: Edward Snowden’s testimony
5. USA-NSA: DATA SURVEILLANCE: Historical document with some lessons for the present: TEMPEST
6. USA-NSA-CUBA: DATA SURVEILLANCE: The “Cuban Twitter” Scam Is a Drop in the Internet Propaganda Bucket

USING THE STATEWATCH WEBSITE

1. USA: No-fly list used by FBI to coerce Muslims into informing, lawsuit claims – Case highlights plight of people wrongfully added to database who face lengthy, secretive process to clear their names (Guardian, link):
http://www.theguardian.com/world/2014/apr/23/no-fly-list-fbi-coerce-muslims/print

and See Case document – full-text: http://www.statewatch.org/news/2014/apr/tanvir-no-fly-lists.pdf

2. EU: European Data Protection Supervisor (EDPS): EDPS comments on the Communication from the Commission to the European Parliament and the Council on a European Terrorist Finance Tracking System (TFTS) and on the Commission Staff Working Document – Impact Assessment accompanying the Communication from the Commission to the European Parliament and the Council on a European Terrorist Finance Tracking System (TFTS)
http://www.statewatch.org/news/2014/apr/eu-edps-tfts.pdf

See also Europol Joint Supervisory Board: Inspection Reports (link)
http://europoljsb.consilium.europa.eu/reports/inspection-report.aspx?lang=en .

3. UK: So who exactly IS now classified as a ‘Domestic Extremist’? (Netpol, link):
http://netpol.org/2014/04/22/new-definition-of-domestic-extremism/

The Metropolitan Police responded to a Freedom of Information request asking for the total number of individuals currently classified as potential ‘domestic extremists’ and having their own records on the database of the National Domestic Extremism and Disorder Intelligence Unit (NDEDIU). The information they supplied said:

“There are currently 2,627 individuals on the database that have their own record. However I would like to explain that there is no legal definition of Domestic Extremists and so these individuals may not be classified as potential domestic extremists. However a new definition was recently agreed and publicised by the Commissioner at a MOPAC challenge panel.

The new working definition of Domestic Extremism is therefore; “Domestic Extremism relates to the activity of groups or individuals who commit or plan serious criminal activity motivated by a political or ideological viewpoint””

4.  EU-USA: DATA PROTECTION AGREEMENT: NEGOTIATING AWAY OUR RIGHTS IN SECRET? EU-US data protection “Umbrella Agreement” – Commission Services Non-Paper on state of play of negotiations (link to secret RESTRICTED Document):
https://netzpolitik.org/wp-upload/2014-04-09-COUNCIL-8761-14.pdf

“Delegations will find in Annex Commission Services Non-Paper on state of play of negotiations on EU-US data protection “Umbrella Agreement””

Includes: The two sides agree that: ““the agreement will be without prejudice to transfers or other forms of cooperation between US and Member State’s competent authorities responsible for safeguarding national security” and in addition in relation to thewhole agreement: “Directive n. 12 specifies that the agreement shall be without prejudice to the activities in the field of national security” – this alone should undermine any acceptable agreement.

5. UK: HMIC Report: The Strategic Policing Requirement: An inspection of the arrangements that police forces have in place to meet the Strategic Policing Requirement: http://www.statewatch.org/news/2014/apr/uk-hmic-2014-04-spr-review.pdf

This report “examines how well police forces have established the arrangements that the SPR [Strategic Policing Requirement] requires them to have in place to counter a number of specified threats to national security and public safety.” Those “threats” are terrorism, civil emergencies, organised crime, public order threats, and large-scale cyber incidents. The chief recommendation is that: “Chief constables should, immediately, establish a collective leadership approach that is committed to securing the requirement level of preparedness to respond to the national threats – in a way that is consistent across England and Wales.”

News articles focused on the report’s findings that UK police forces are woefully underprepared for large-scale cyber attacks, but HMIC also found other failings. In relation to civil emergencies, “across all 43 forces, only 16 submitted documents that demonstrated forces had any understanding of the threat, risk and harm.” With regard to public order: “Only a third of the 18 forces visited could respond effectively to a test scenario that required them to identify and muster the required trainned and equipped public order personnel.”

See also: Strategic Policing Requirement on which HMIC’s inspection is based:
http://www.statewatch.org/news/2014/apr/uk-2012-07-strategic-policing-requirement.pdf

6.  EU: Statewatch Analysis: EU Justice and Home affairs legislation under the 2009-14 term of the European Parliament by Steve Peers, Professor of Law, Law School, University of Essex: http://www.statewatch.org/analyses/no-243-jha-measures-2009-2014.pdf

The following lists present in turn (a) legislation formally adopted during the 2009-14 term; (b) legislation agreed in principle, which will be adopted in spring; and (c) legislation which was not agreed.

7.  EU: MANDATORY DATA RETENTION: Are national data retention laws within the scope of the Charter? (EU Law Analysis, link)
http://eulawanalysis.blogspot.co.uk/2014/04/are-national-data-retention-laws-within.html

Following the annulment of the EU’s data retention Directive by the CJEU, an obvious important question arises: are national data retention laws subject to the same ruling of the Court? The purpose of this post is to set out the reasons why they are.

8. EU: Council of the European Union: Regulation on Data Protection, LEAs Directive on exchange of personal data & UK access to SIS II

• One-Stop Shop: Proposal for a regulation of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) – One-stop-shop mechanism (109 pages): Council discussions including Member State positions on agreeing common position.
http://www.statewatch.org/news/2014/apr/eu-council-dp-reg-one-stop-shop-7464-rev2-14.pdf

• As above: Data Protection Impact and Prior Checks:
http://www.statewatch.org/news/2014/apr/eu-council-dp-reg-prior-checks-5880-rev1-14.pdf

• LEAs Directive on exchange of personal data: 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 VII-X (60 pages) Including Member State positions.
http://www.statewatch.org/news/2014/apr/eu-council-dp-dir-leas-exchange-chapVII-X-ms-positions-7507-14.pdf

• UK access to SIS II: Preparation for the accession of the UK to the SIS II – Report of discussions of the Working Party for Schengen Matters (pdf) Member States are not too keen on giving access. With the UK government intending to opt-out of a long list of JHA measures: “Several Member States (AT, BE, CZ, ES, FR) stated that for reasons of legal certainty, it is not possible for UK to accede to SIS before UK makes a formal re-opt in notification.”
http://www.statewatch.org/news/2014/apr/eu-council-discussion-uk-access-sis-II-8838-14.pdf

9. EU: Council of the European Union: Border Control ID Technology, Researchers. UK Evaluation, Europol & EUCI

• Presidency’s initiative on updating the minimum technical equipment required at the Border Crossing Points for Travel Document Control (161` pages, pdf) Detailed Survey of Member States’ border control passport/ID card checking technologies
http://www.statewatch.org/news/2014/apr/eu-council-border-crossing-tech-equip-7317-14.pdf

• Proposal for a Directive of the European Parliament and of the Council on the conditions of entry and residence of third-country nationals for the purposes of research, studies, pupil exchange, remunerated and unremunerated training, voluntary service and au pairing [Recast] (pdf) Council internal discussion in trying to reach a common position – still huge differences between Member States – 245 footnotes/positions.
http://www.statewatch.org/news/2014/apr/eu-council-researchers-state-of-play-8707-14.pdf

• UK: Declassified document: Evaluation report on the sixth round of mutual evaluations: “The practical implementation and operation of the Council Decision 2002/187/JHA of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime and of the Council Decision 2008/976/JHA on the European Judicial Network in criminal matters.” Report on UK:
http://www.statewatch.org/news/2014/apr/eu-council-evaluation-eurojust-UK-15844-rev1-13.pdf

• Europol: Proposal for a Regulation of the European Parliament and of the Council on the European Union Agency for Law Enforcement Cooperation and Training (Europol) and repealing Decisions 2009/371/JHA and 2005/681/JHA – Presidency compromise text (98 pages):
http://www.statewatch.org/news/2014/apr/eu-council-europol-II-8596-14.pdf

Council position with highly detailed data gathering set out. For the purpose of : “cross-checking aimed at identifying connections between information” information can be gathered (24.1.a) from: “References to other information systems in which information on the person is stored: (i) Europol; (ii) Police/customs agencies; (iii) Other enforcement agencies; (iv) International organisations; (v) Public entities; (vi) Private entities.”

• Classified document exchanges: Report on access to EUCI under exceptional circumstances:
http://www.statewatch.org/news/2014/apr/eu-council-access-euci-8771-14.pdf

10.  EU: DATA PROTECTION: Article 29 Working Party: Opinion 04/2014 on surveillance of electronic communications for intelligence and national security purposes (WP 215):  http://www.statewatch.org/news/2014/apr/eu-art-29-dp-wp-215.pdf

“the Working Party concludes that secret, massive and indiscriminate surveillance programs are incompatible with our fundamental laws and cannot be justified by the fight against terrorism or other important threats to national security. Restrictions to the fundamental rights of all citizens could only be accepted if the measure is strictly necessary and proportionate in a democratic society.”

and Opinion 05/2014 on Anonymisation Techniques (WP 216):
http://www.statewatch.org/news/2014/apr/eu-art-29-dp-wp-216.pdf

“The Opinion concludes that anonymisation techniques can provide privacy guarantees and may be used to generate efficient anonymisation processes, but only if their application is engineered appropriately”

11. CoE: Report: Secretary-General: State of democracy, human rights and the rule of law in Europe:
http://www.statewatch.org/news/2014/apr/coe-eu-report.pdf

and see: Europe faces worst human rights ‘crisis’ in decades (euobserver, link):
http://euobserver.com/social/123880

12. EU: FRONTEX: New rules on Frontex operations at sea from Ska Keller (Green Group):
http://www.statewatch.org/news/2014/apr/ep-green-keler-mep-frontex-operations-at-sea.pdf

“The regulation on Frontex operations at sea sets new rules for intercepting and pushing back migrants at sea as well as for rescuing them. It replaces the current Council decision of 2010, which was struck down by the European Court of Justice because the European Parliament was unlawfully excluded from co-decision-making.”

and see: Regulation on the maritime surveillance by Frontex: lives in danger at the external borders of Europe (Frontexexit, link):
http://www.frontexit.org/en/news/item/300

13. EU: European Parliament studies: Review of Security Measures in the 7th Research Framework Programme FP7 2007-2013:
http://www.statewatch.org/news/2014/apr/ep-study-security-fp7.pdf

and Evaluation of EU measures to combat terrorist financing:
http://www.statewatch.org/news/2014/apr/ep-study-terr-fin.pdf

14. FRANCE: Paris police order ‘systematic eviction’ of Roma gypsies – Row erupts over leaked note ordering police in Paris’ chic sixth arrondissement to
‘systematically evict’ Roma gypsies (Daily Telegraph, link):
http://www.telegraph.co.uk/news/worldnews/europe/france/10768643/Paris-police-order-systematic-eviction-of-Roma-gypsies.html

and Paris police ordered to drive Roma off streets (rfi, link):
http://www.english.rfi.fr/france/20140416-paris-police-ordered-drive-roma-streets

“France’s government was on the defensive this week after a police note ordering the systematic removal of Roma people from one of Paris’s wealthiest neighbourhoods was leaked to the media.”

Also: France: “They said they would have killed us if we stayed” (AI, link):
http://www.amnesty.org/en/news/france-they-said-they-would-have-killed-us-if-we-stayed-2014-04-08

Europe: “We ask for justice”: Europe’s failure to protect Roma from racist violence (AI, link including report in French, Greek and Czech):
http://www.amnesty.org/en/library/info/EUR01/007/2014/en

and: European Parliament LIBE Committee: Roma discrimination: end illegal expulsions and ethnic profiling, MEPs say (Statewatch database):
http://database.statewatch.org/article.asp?aid=33044

15. EU: POST-STOCKHOLM JHA PROGRAMME: UK House of Lords Select Committee on the EU: “Strategic guidelines for the EU’s next Justice and Home Affairs programme: steady as she goes”:
http://www.statewatch.org/news/2014/apr/eu-uk-hol-eu-cttee-post-stockholm.pdf

16. EU: European Commission: 2013 Report on the Application of the EU Charter of Fundamental Rights (COM 224-14)
http://www.statewatch.org/news/2014/apr/eu-com-charter-2013-rep-com-224.pdf

and see: Staff Working Document – 1 of 2 (SWD 141-14):
http://www.statewatch.org/news/2014/apr/eu-com-charter-2013-rep-swd-141.pdf

and Staff Working Document – 2 of 2 (SWD 142-14):
http://www.statewatch.org/news/2014/apr/eu-com-charter-2013-rep-swd-141-part-2.pdf

17. UPDATED: USA-CIA-UK: UK urged to admit that CIA used island as secret ‘black site’ prison – Human rights group representing Gaddafi opponent rendered to Libya via Diego Garcia says Britain must ‘come clean’ over role (The Observer, link)
http://www.theguardian.com/world/2014/apr/13/cia-black-site-diego-garcia-uk-role/print

Revealed: Senate report contains new details on CIA black sites (aljazeera, link):
http://america.aljazeera.com/articles/2014/4/9/senate-cia-torture.html

“The Senate report, according to Al Jazeera’s sources, says that the CIA detained some high-value suspects on Diego Garcia, an Indian Ocean island controlled by the United Kingdom and leased to the United States. The classified CIA documents say the black site arrangement at Diego Garcia was made with the “full cooperation” of the British government. That would confirm long-standing claims by human rights investigators and journalists, whose allegations – based on flight logs and unnamed government sources – have routinely been denied by the CIA.”

And see: Document: http://www.statewatch.org/news/2014/apr/usa-cia-techniques-reverse-engineered.pdf

18. AFRICA: Migreurop: 4th EU-Africa summit – EU-Africa Migration policies: the deadly obliviousness of heads of state (link)
http://www.migreurop.org/article2499.html?lang=en

and in French (link): http://www.migreurop.org/article2498.html?lang=fr

“On both shores of the Mediterranean, a securitarian view of migrations is shared. The externalisation of border management, the strengthening of surveillance systems through Frontex and Eurosur, as well as the instrumental use of public development aid to try to keep populations in their home countries, remain the key means for its implementation.”

Background, official press release: Fourth EU-Africa Summit, 2-3 April 2014, Brussels: EU-Africa Declaration on migration and mobility:
http://www.statewatch.org/news/2014/apr/eu-africa-action-plan-2014.pdf

19. EU: European Commission: New visa package:

• A Smarter Visa Policy for Economic Growth (COM 165-14, pdf)
http://www.statewatch.org/news/2014/apr/eu-com-visa-package-smarter-visa-policy-for-economic-growth.pdf

and Accompanying SWD (SWD 101-14):
http://www.statewatch.org/news/2014/apr/eu-com-visa-package-swd-101-14.pdf

•  Proposal for Regulation: Union Code on Visas (Visa Code) COM 164-14, (pdf)
http://www.statewatch.org/news/2014/apr/eu-com-visa-package-code-164-14.pdf

and Accompanying SWD (SWD 67-14):
http://www.statewatch.org/news/2014/apr/eu-com-visa-package-code-swd-67-14.pdf

• Union Code on Visas (Visa Code) (COM 163-14, pdf)
http://www.statewatch.org/news/2014/apr/eu-com-visa-package-tourism-visa-163-14.pdf

and Annexes: http://www.statewatch.org/news/2014/apr/eu-com-visa-package-tourism-visa-163-14-annex.pdf

• Impact Assessment (84 pages):
http://www.statewatch.org/news/2014/apr/eu-com-visa-package-ia.pdf

20. NETHERLANDS: Meijers Committee: Bill tabled by André Bosman (VVD) to regulate the right of Dutch nationals from Aruba, Curaçao and Sint Maarten to settle in the Netherlands: http://www.statewatch.org/news/2014/apr/netherlands-meijers-cttee-regulation-settlement-of-antillean-dutch-nationals.pdf

“the Committee considers that a bill which draws a direct distinction between Dutch nationals on the basis of their decent and which deprives Antillean Dutch of certain rights which European Dutch do enjoy, is incompatible with the international obligations of the Netherlands, does not contribute to a solution for the problems experienced and may in itself cause new problems with the integration of Dutch nationals of immigrant origin.”

21. EU: CEN/CENELEC/ETSI: Cyber Security Coordination Group (CSCG): Recommendations for a Strategy on European Cyber Security Standardisation:
http://www.statewatch.org/news/2014/apr/eu-cen-cenelec-etsi-cscg-white-paper-strategy-european-cybersecurity-standardisation.pdf

22. Update: Spain: Detention centre medical staff to be charged for Samba Martine’s death
http://www.statewatch.org/news/2014/apr/spain-martine.htm

On 10 April 2014, Cadena Ser radio station reported that six members of the medical staff of the company that runs the medical service in Madrid’s detention centre (CIE, Centro de Internamiento de Extranjeros) in the Aluche neighbourhood will be charged in relation to the death of a Congolese woman, Samba Martine, on 19 December 2011 after spending 38 days in detention.

23. The “Effimera” discussion list has issued an appeal that is open to signatures concerning the intimidation and repression deployed against social movement in Europe, with particular reference to four young “NO TAV” activists who are currently subjected to imprisonment in a regime of isolation:
http://www.statewatch.org/news/2014/apr/italy-effimera.htm

24. Italy: Appeal for the liberation of bodies and of political dissent:
http://www.statewatch.org/news/2014/apr/italy-cie.htm

On 15 February 2014 in Rome there was a large demonstration calling for the closure of the city’s Ponte Galeria migrant detention centre and Italy’s other identification and expulsion centres (CIEs, centri di identificazione ed espulsione). The demonstration, called by Rome’s movements for housing rights and the city’s network of anti-racist associations, was made up of some 5,000 people and marched from Parco Leonardo to the Ponte Galeria CIE, shouting slogans in different languages.

25. EU: MANDATORY DATA RETENTION: European Parliament: Legal Service Opinion on the ECJ judgment:
http://www.statewatch.org/news/2014/apr/ep-ls-mand-ret-judgment.pdf

and see: Swedish ISP deletes all retained customer data in wake of EU court ruling (PC World, link)
http://www.pcworld.com/article/2142240/swedish-isp-deletes-all-retained-customer-data-in-wake-of-eu-court-ruling.html

Also: European Data Protection Supervisor (EDPS): Press Statement: The CJEU rules that Data Retention Directive is invalid: “The judgment also means that the EU should take a firm position in discussions with third countries, particularly the U.S.A. on the access and use of communications data of EU residents.”: http://www.statewatch.org/news/2014/apr/eu-ecj-mand-ret-edps-statement.pdf

26. UK: Home Office: Post-legislative Scrutiny of the Counter-Terrorism Act 2008:
http://www.statewatch.org/news/2014/apr/uk-cm-8834.pdf

and Post-Legislative Scrutiny: Terrorism Prevention and Investigation Measures Act 2011:
http://www.statewatch.org/news/2014/apr/uk-post-legislative-scrutiny-tpim.pdf

27. UK:The United Kingdom’s Strategy for Countering Terrorism: Pursue • Prevent • Protect • Prepare: Home Office publish: CONTEST: The United Kingdom’s Strategy for Countering Terrorism Annual Report (pdf) and Statement by Home Secretary (link):
http://www.statewatch.org/news/2014/apr/uk-2014-04-contest-annual-report.pdf

See: Taking stock of EU Counter-terrorism policy and review mechanisms: Summary of Statewatch’s findings for SECILE project:
http://www.statewatch.org/news/2013/dec/SECILE-sw-summary.pdf

28. EU: Claiming asylum after interception is “abuse” of procedure, claims joint police operation report
http://www.statewatch.org/news/2014/apr/eu-op-perkunas1.htm

A formal report produced by the Lithuanian Council Presidency argues that migrants who submit applications for international protection after they have been “intercepted” (apprehended) by national authorities are abusing the asylum procedure.

A large-scale joint police operation, codenamed PERKUNAS , was organised by the Lithuanian Presidency and carried out in September 2013. It aimed at
“identifying the link between illegal EU external border crossings and secondary movements of irregular migrants within the EU and the Schengen Area,” and the final report said that: “Considering that the largest proportion (72.94%) of irregular migrants submitted applications for international protection after interception, this could be assessed as a definite quantitative indication of abuse of asylum procedure.”

29. ECJ-DATA RETENTION JUDGMENT: European Court of Justice: The Court of Justice declares the Data Retention Directive to be invalid (Press release): http://www.statewatch.org/news/2014/apr/eu-ecj-data-ret-prel.pdf

and Judgment: http://www.statewatch.org/news/2014/apr/eu-ecj-data-ret-judgment.pdf

“It entails a wide-ranging and particularly serious interference with the fundamental rights to respect for private life and to the protection of personal data, without that interference being limited to what is strictly necessary”

and Commission 2011: Evaluation report on the Data Retention Directive (Directive 2006/24/EC):
http://www.statewatch.org/news/2014/apr/eu-com-data-ret-eval-225-2011.pdf

See Digital Rights Ireland (link):  http://www.digitalrights.ie/tomorrows-ecj-judgment-qa/

The data retention judgment: The CJEU prohibits mass surveillance (EU Law Analysis, link):
http://eulawanalysis.blogspot.co.uk/2014/04/the-data-retention-judgment-cjeu.html

“The Court’s judgment can be seen in the broader context of continued revelations about mass surveillance. Its reference to the retention of data by third
States is a thinly-disguised allusion to the spying scandals emanating from the United States. It also responds, sotto voce, to the very great concerns of national constitutional courts about this Directive, discussed in detail in Chris Jones’ post on this issue.

More broadly, the CJEU has seized the chance to give an ‘iconic’ judgment on the protection of human rights in the EU legal order. Time will deal whether the Digital Rights judgment is seen as the EU’s equivalent of classic civil rights judgments of the US Supreme Court, on the desegregation of schools (Brown) or criminal suspects’ rights (Miranda). If the Charter ultimately contributes to the development of a ‘constitutional patriotism’ in the European Union, this judgment will be one of its foundations.”

See also Chris Jones’ post : National legal challenges to the Data Retention Directive (link)
http://eulawanalysis.blogspot.co.uk/2014/04/national-legal-challenges-to-data.html

and What does the death of the EU data directive mean? (euobserver, link):
http://euobserver.com/news/123791

and Commission 2011 evaluation (pdf)
http://www.statewatch.org/news/2014/apr/eu-com-data-ret-eval-225-2011.pdf

European Data Protection Supervisor (EDPS): The CJEU rules that Data Retention Directive is invalid (Press statement):
http://www.statewatch.org/news/2014/apr/eu-ecj-mand-ret-edps-statement.pdf

“We anticipate that the Commission, taking into account the Court’s judgment will now reflect on the need for a new Directive, which will also prevent member states from keeping or imposing the same legal obligations nationally as laid out in the now invalid Data Retention Directive.

The judgment also means that the EU should take a firm position in discussions with third countries, particularly the U.S.A. on the access and use of communications data of EU residents.”

30. EU: CIVIL DRONES: European Commission: European Commission calls for tough standards to regulate civil drones (Press release):
http://www.statewatch.org/news/2014/apr/eu-com-civil-drones-prel.pdf

and Communication: A new era for aviation: Opening the aviation market to the civil use of remotely piloted aircraft systems in a safe and sustainable manner: http://www.statewatch.org/news/2014/apr/eu-com-civil-drones-com-207-14.pdf

See also: Statewatch/TNI report: Eurodrones, Inc. by Ben Hayes, Chris Jones & Eric Töpfer: Full report:
http://www.statewatch.org/news/2014/feb/sw-tni-eurodrones-inc-feb-2014.pdf

31. EU: SECRET TRILOGUES MEETINGS: Secret EU lawmaking: the triumph of the trilogue (euobserver, link)
http://euobserver.com/investigations/123555

Interesting article which explores the secret trilogue process between the Council of the European Union and the European Parliament – which is effectively the European Legislature meeting in secret and which decides over 80% of new laws in the EU. The article says that: ” if trilogue meetings and their minutes were opened up to the public, lawmakers  would just find another way of negotiating in secret” :

Tony Bunyan, Statewatch Director, comments: “The argument that if law-making in the EU meant all the documents, a transcript of the discussions and the minutes were public then the power elite in Brussels would find a way to by-pass the system is the traditional argument used to perpetuate secret decision-making. It has no place in a democracy worthy of the name.”

See: Secret trilogues and the democratic deficit:
http://www.statewatch.org/analyses/no-64-secret-trilogues.pdf

and European Parliament: Abolish 1st [and 2nd] reading secret deals – bring back democracy “warts and all”:
http://www.statewatch.org/analyses/no-84-ep-first-reading-deals.pdf

32. UK-CIA: TORTURE: Tony Blair ‘knew all about CIA secret kidnap programme’ – Former British PM was ‘fully briefed’ on CIA’s interrogation programme after Sept 11 attacks (The Daily Telegraph, link):
http://www.telegraph.co.uk/news/politics/tony-blair/10747166/Tony-Blair-knew-all-about-CIA-secret-kidnap-programme.html

See also: NGO Letter calling for independent inquiry:
http://www.statewatch.org/news/2014/apr/uk-ngo-torture-inquiry-isc-letter.pdf

EU-NSA-GCHQ: DATA SURVEILLANCE: Selected stories for full coverage see:
http://www.statewatch.org/eu-usa-data-surveillance.htm

1. USA-NSA: DATA SURVEILLANCE: HEARTBLEED: NSA Said to Exploit Heartbleed Bug for Intelligence for Years (Bloomberg, link):
http://www.bloomberg.com/news/print/2014-04-11/nsa-said-to-have-used-heartbleed-bug-exposing-consumers.html

and Heartbleed hacks hit Mumsnet and Canada’s tax agency (BBC News, link):
http://www.bbc.co.uk/news/technology-27028101?print=true

also: Parenting website Mumsnet hit by Heartbleed hacking bug – Mumsnet says data of all 1.5m members may be compromised as co-founder admits message was posted using her own password (Guardian, link).
http://www.theguardian.com/technology/2014/apr/14/parenting-website-mumsnet-hit-heartbleed-hacker-bug/print

And Heartbleed und die NSA: Ohne Hose im Netz (Spiegel Online, link)
http://www.spiegel.de/netzwelt/web/heartbleed-sascha-lobo-ueber-die-daten-sicherheitsluecke-und-die-nsa-a-964374.html

2. USA: Congressional Research Service:

• Reform of the Foreign Intelligence Surveillance Courts: A Brief Overview:
http://www.statewatch.org/news/2014/apr/usa-crs-fisa-courts.pdf

• Overview of Constitutional Challenges to NSA Collection Activities and Recent Developments:
http://www.statewatch.org/news/2014/apr/usa-crs-challenges-to-surveillance.pdf

3.  GERMANY-USA: NSA: Angela Merkel denied access to her NSA file – Frustration with US government rises over failure to clear up questions about surveillance of German chancellor’s phone (Guardian, link)
http://www.theguardian.com/world/2014/apr/10/angela-merkel-denied-access-nsa-file/print

4. COE: USA-NSA-DATA SURVEILLANCE: Parliamentary Assembly: Podcast: Edward Snowden’s testimony to Parliamentary Assembly hearing on mass state surveillance (link):
http://www.humanrightseurope.org/2014/04/podcast-edward-snowdens-testimony-to-parliamentary-assembly-hearing/?utm_source=twitterfeed&utm_medium=twitter

and Video (link): http://clients.dbee.com/coe/webcast/index.php?id=20140408-1&lang=en

And see: Edward Snowden: US government spied on human rights workers – Whistleblower tells Council of Europe NSA deliberately snooped on groups such as Human Rights Watch and Amnesty International (Guardian, link):
http://www.theguardian.com/world/2014/apr/08/edwards-snowden-us-government-spied-human-rights-workers/print

5.  USA-NSA: DATA SURVEILLANCE: Historical document with some lessons for the present: The Complete, Unofficial TEMPEST Information Page (last updated in 2004): http://www.statewatch.org/news/2014/apr/complete-unofficial-tempest-page.pdf

“Across the darkened street, a windowless van is parked. Inside, an antenna is pointed out through a fiberglass panel. It’s aimed at an office window on the third floor. As the CEO works on a word processing document, outlining his strategy for a hostile take-over of a competitor, he never knows what appears on his monitor is being captured, displayed, and recorded in the van below.” (The graphic on the right is the logo for the US Army Blacktail Canyon TEMPEST Test Facility.)

6. USA-NSA-CUBA: DATA SURVEILLANCE: The “Cuban Twitter” Scam Is a Drop in the Internet Propaganda Bucket (The Intercept, link):
https://firstlook.org/theintercept/2014/04/04/cuban-twitter-scam-social-media-tool-disseminating-government-propaganda/

“This week, the Associated Press exposed a secret program run by the U.S. Agency for International Development to create “a Twitter-like Cuban communications network” run through “secret shell companies” in order to create the false appearance of being a privately owned operation. Unbeknownst to the service’s Cuban users was the fact that “American contractors were gathering their private data in the hope that it might be used for political purposes”–specifically, to manipulate those users in order to foment dissent in Cuba and subvert its government.”

Documents: Sigdev Conference:  http://www.statewatch.org/news/2014/apr/2009-sigdev-conference.pdf

GCHQ: Full-Spectrum Cyber Effects (19 pages): http://www.statewatch.org/news/2014/apr/gchq-full-spectrum-cyber-effects-final.pdf

also earlier: GCHQ: Psychology: A New Kind of SIGDEV (48 pages):
http://www.statewatch.org/news/2014/apr/snowden_youtube_nbc_document.pdf

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