-Caveat Lector-

http://www.wired.com/news/print/0,1294,44890,00.html

EU Ratifies Long Data Retention
By Steve Kettmann

11:20 a.m. June 28, 2001 PDT
BERLIN -- Privacy advocates are decrying a move this week by the
Council of the European Union to give European police broader access
to information about the e-mails and Internet-use patterns of the
continent's citizens.

   "It's one more direction toward a police state," said Ilka Schroeder,
a Green Party member of the European Parliament who drafted an
opinion for the Industry Committee opposing the expansion of
surveillance.

   "They restrict peoples' rights to demonstrate against fortress
Europe, as we saw in Gotenborg when street police shot at people," she
said. "Now they are also trying to limit any kind of e-protest. By this
surveillance they also of course go against political opponents."

   The agreement reached Wednesday in Luxembourg by the
Telecommunications Council -- representing all 15 EU nations --
could, among other things, mandate that Internet service providers
store logs for up to seven years, which police agencies could obtain
without too much trouble.

   Under current EU law, ISPs are directed to store network data only so
long as necessary for billing. The new directive concerning the
processing of personal data and protection of privacy would free
member nations to pass their own laws to direct network and ISPs to
save the data.

   "All that information will be available without a court order," said
Caspar Bowden, director of the Foundation for Information Policy
Research in Great Britain.

   "Police may be able to get that data simply by authorizing
themselves," he said. "Once the authorities have this data, they
potentially have a map of both your private and business
relationships and associations. There is really no restriction on how
this data may be used or how long it may be kept."

   Schroeder agreed.

   "Their aim is to be able to survey any communication, especially any
electronic communication, and then to pick up on anyone who to them
is a suspect," she said. "That basically makes everyone a suspect.

   "This is the final aim. What they are trying to do is limit the data
protection laws that are there in the EU and the member states. To
force Internet service providers to be collaborators with the police,
it opens one door for a general surveillance of communication."

   But no clear policy will emerge until the European Parliament takes
up the matter in September. Opposition is high in Parliament to
expanding the reach of police access to such information.

   "It is quite clear that as things stand at the moment, Parliament has
not given anything like an agreement to the document which was agreed
by council yesterday," said a senior European Parliament staffer who
spoke on condition of anonymity.

   "There are two issues with which Parliament has a particular problem,
and one of those is the proposal regarding data retention. Parliament
will vote a certain number of amendments and negotiate with the
Belgian presidency to try to reach some sort of agreement."

   Earlier this month, the European Union's advisory body on data
protection and privacy issues -- the Article 29 Data Protection
Working Party -- came out strongly against expanding police access to
such data in a letter to the president of the Council of the European
Union.

   "It is not acceptable that the scope of initial data processing is
widened in order to increase the amount of data available for law
enforcement objectives," read the letter, signed by the chairman of
the group, Stefano Rodota.

   "Any such changes in these essential provisions that are directly
related to fundamental human rights would turn the exception into a
new rule. Systematic and preventive storage of EU citizens'
communications and related traffic data would undermine the
fundamental rights to privacy, data protection, freedom of
expression, liberty and presumption of innocence. Could the
Information Society still claim to be a democratic society under such
circumstances?"

   The move this week was inspired in part by lobbying from Great
Britain, which contends that police agencies need wide access to
private data if they are to combat such pressing problems as child
pornography, money laundering and racist hate-mongering.

   The Green Party's Schroeder said she's not at all sure how the
European Parliament debate on the topic will go.

   "I hope we can manage in plenary to make a strong stand to fight for
data protection, and to make a strong stand against this council
proposal for more surveillance," she said. "I'm not sure whether
there will be a majority to defend this general infringement and
undermining of the EU data protection rules."

   She said it's fitting that the vote is expected to be held in
September at the same time as the vote on the final report of the
European Parliament's temporary committee on the U.S. surveillance
system known as Echelon.

   "I see a direct link to Echelon," she said. "There you can see that
the Parliament basically criticized the United States ... for
surveying too effectively, and basically with that report it is
trying to legitimate European Union surveillance."

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