From: [log in to unmask][mailto:[log in to unmask]]
Sent: Wednesday, November 21, 2001 2:42 PM
To: "Statewatch mailing list"@unn.ac.uk
Subject: News from Statewatch



Statewatch, 21 November 2001
See <http://www.statewatch.org/news>

UK PLANS FOR THE RETENTION OF ALL COMMUNICATIONS
DATA FOR 12 MONTHS

- UK to introduce data retention for 12 months under "voluntary
code"
- Power to introduce mandatory retention available too
- UK derogates from 1997 EU Directive on privacy and pre-empts
EU decision on data surveillance

The UK government is to introduce a "voluntary code" for all
telecommunication providers to retain communications data for 12
months. The details of the government's plan is set out in the
"Supplemental Regulatory Impact Assessment: Retention of
communications data" accompanying the planned legislation in the
Anti-Terrorism, crime and security Bill currently before parliament.
  The Assessment makes quite explicit that this surveillance is not
only to cover "national security" (terrorism) but also "the prevention
or detection of crime or the prosecution of offenders". While it is
currently proposed that data will have to be retained under a
"voluntary code" the Home Secretary will also "have reserve powers
to impose a mandatory code of practice by order" - by "order"
means secondary legislation passed by parliament "on the nod".
  The government is, at a stroke, dumping the EU Directive on data
protection and privacy (1997). This only allows data to be retained
for the purpose of billing (ie: for the benefit of the customer). Like
the derogation from the ECHR on the indefinite detention of terrorist
"suspects" the UK government is reneging on one of the
fundamental rights of privacy established by the EU.

LETTER FROM BUSH DEMANDS EU COOPERATION

- a sweeping agenda covering unregulated and unaccountable
powers affecting criminal investigations, suspects' rights, the
retention of telecommunications data, border controls and asylum
policies

In a letter to the European Commission (16.10.01) US President,
Mr Bush, has presented a lengthy list of more than 40 demands to
the European Union for cooperation on anti-terrorism measures.
Some do concern anti-terrorism, but many do not - covering
criminal investigations, data surveillance, border controls and
immigration policies.
  The letter includes a demand that "data protection issues in the
context of law enforcement and counter-terrorism imperatives"
should be considered and that: "draft privacy directives that call for
mandatory destruction to permit the retention of critical data for a
reasonable period" should be revised. But under United States law
there is no similar obligation for the general data retention by
telecommunications companies.
  Tony Bunyan, Statewatch editor, comments:

"When the US letter was received the European Commission said
most of the demands could be met. It is hard to see how many of
them could be "met" without abandoning fundamental protections
and rights under EU Directives, the European Convention of Human
Rights and a number of EU Conventions.
  Many of the demands are nothing to do with combating terrorism
and would lead to unregulated and unaccountable cooperation and
exchanges of data affecting suspects' rights and the rights of
asylum-seekers and refugees."

Includes full-text of letter from Bush to European Commission;
Statewatch analysis of the civil liberties, human rights, data
protection and accountability implications of the US/Bush
demands; and a letter signed by 31 US and European NGOs that
has been sent to the Belgian Presidency of the EU protesting at
the US/Bush demand that telecommunications data be retained in
the EU when a similar power does not exist in the US.

COUNCIL OF EUROPEAN UNION MAINTAINS WIDER
DEFINITION OF "TERRORISM"

The latest version of the Council's (representing the 15 EU
governments) discussion on the definition of terrorism shows that it
could cover protests and other democratic activity as well as
terrorism. The Council definition, as at 26 October, reads as follows:

"Each Member State shall take the necessary steps to ensure that
terrorist offences include the [intentional] acts list below, as defined
under national law, where unlawfully committed with the aim of
seriously affecting, in particular by the intimidation of the
population, or destroying the political, economic or social
structures of a country or of an organisation governed by public
international law"

Includes detailed analysis and full-text of latest Council draft

THREE CRITICAL REPORTS ON PROPOSED UK ANTI-
TERRORISM, CRIME AND SECURITY BILL:

The proposed UK Anti-terrorism, crime and security Bill is currently
before parliament. After the 2nd reading yeasterday (19.11.01) the
Bill will be discussed on 21 November and 26 November on the
floor of the House of Commons for its Committee stage (usually a
Bill would go to a special committee meeting outside the
chamber). After the Committee stage in the House of Commons
the Bill will go to the House of Lords where it is expected to face
stronger opposition.

ILPA

The Immigration Law Practitioners Association (ILPA) has issued a
detailed critique of the provision on immigration in the proposed UK
Anti-terrorism, crime and security Bill which is before parliament.

  The ILPA report says that:

"Firstly, ILPA objects to the premise of the proposals in Part IV of
the Bill which is predicated on the discriminatory treatment of non
British nationals... Secondly, ILPA opposes derogation from the
right to liberty contained within Article 5 ECHR; this is a
fundamental human right which underpins a democratic and free
society."

JOINT COMMITTEE ON HUMAN RIGHTS

The parliamentary Joint Committee on Human Rights, comprised of
MPs and Lords, has issued a report which is highly critical of the
government's proposed Anti-Terrorism, Crime and Security Bill. The
Committee's findings question the derogation from the European
Convention on Human Rights, the definition of terrrorist activity, the
extension of police powers and the role of the Ministry of Defence
Police and others, and the need to require communications
providers to retain data. The Committee's report concludes:

"We have concluded that, on the evidence available to us, the
balance between freedom and security in the Bill before us has not
always been struck in the right place. In particular, although we
recognise the dilemma from which the Home Secretary sought to
free himself by recourse to the derogation from Article 5, we are not
persuaded that the circumstances of the present emergency or the
exigencies of the current situation meet the tests set out in Article
15 of the ECHR. It is now for Parliament to draw its own
conclusions, and for Members of both Houses to satisfy
themselves that there are adequate safeguards to protect the rights
of the individual citizen against abuse of these powers ."

LIBERTY

Analysis of the Bill for the second reading in the House of
Commons

All reports available full-text.

IMMIGRANT GROUP AND ASSOCIATIONS OPPOSE "LAW
AGAINST IMMIGRANTS" (ITALY)

The Brescia Social Forum, one of many local associations which
were born throughout Italy following the anti-G8 protest in Genoa in
July, and two associations of immigrants, the Coordinamento degli
immigrati in lotta (Coordination of Immigrants in Struggle) and the
Forum delle associazioni dei migranti, (Forum of Migrant
Associations) have called a demonstration in Brescia on 24
November against the proposed Bossi-Fini law on immigration.
Both rapporteurs for the new law are the leaders of parties (the
Northern League, LN and National Alliance, AN) which have been
widely condemned for their overtly discriminatory policies.

Includes analysis of the proposals, background and full-text
documentation.

NEWS IN BRIEF

European Commission's anti-hacking proposal for "attacks against
information systems"


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