After each major summit protest, there are calls for a European “troublemakers” database to be established. Centralised data storage at EU level or decentralised networking of national systems would be conceivable options. For a number of reasons, it has not been possible to set up a database of this kind since the turn of the millennium. The governing coalition in Germany has now announced a new initiative to this end following the G20 Summit in Hamburg.
Cooperation on summit events between European security authorities has been running like clockwork for more than 20 years. Police and intelligence services have exchanged information on threats and “individuals who pose a terrorist threat”, have assisted each another with personnel and equipment and seconded liaison officers. Shortly before such summits, the Schengen Agreement is partially suspended and border controls reintroduced while travel bans are imposed on undesirable protesters. „Database on “European extremists”: How is the plan pursued since 2001 supposed to function?“ weiterlesen
The European Union could soon save the date and place of each crossing of the EU’s external borders. Travellers’ identification documents would be read out and their biographical data saved along with information regarding border crossings. Police forces and intelligence services would have access to this data.
The European Commission published the final report of the High-Level Expert Group on Information Systems and Interoperability in May. According to this document, European border authorities could soon – unbeknownst to the travellers – be able to trawl through the travel routes of all nationals of EU member states. Alongside their biographical data, the system to be set up will log the direction in which borders are crossed. This new data repository on border crossings at all land, sea and air borders might form part of the Schengen Information System II (SIS II), which is the largest police and border authority database. Preference is being given to the establishment of an entirely new database, however. „New data retention planned for border crossings of all European Union citizens“ weiterlesen
According to the EU police agency, in the past year 17,459 people operated as “human traffickers”. In the majority of cases, refugees and their facilitators communicate using Facebook or Telegram. Seizing of electronic evidence is thus to take on a greater role in investigations.
Last year, the EU police agency Europol received reports of 1,150 social media accounts apparently used by refugees to facilitate their entry into or travel through the European Union. This information is based on figures (PDF) published by the European Migrant Smuggling Center (EMSC) at Europol for 2016. The number of incriminated accounts in 2015 was just 148.
The report does not differentiate between humanitarian assistance for refugees and commercial offers. It is also unclear how many of the accounts were reported to the online providers to be removed. According to Europol, the rate of compliance with requests for deletion among companies was around 90 percent. „“E-smuggling”: Europol steps up efforts against online-assisted migrant crossings“ weiterlesen
The Federal Ministry of the Interior is using every possible means to keep Parliament from learning details of the cooperation between European domestic intelligence services in The Hague. The official reason is an internal agreement between the services. Yet the Federal Government has an obligation to furnish parliamentarians with information, even when there is a legitimate interest in maintaining secrecy.
The Bundestag’s Research Services have produced an expert report on parliamentary oversight of European cooperation between the intelligence services. The background to this is the Federal Government’s continuing refusal to provide information about the activities in which Germany’s Federal Office for the Protection of the Constitution is engaging in The Hague.
The report indicates that this secretiveness is legally questionable. It states that, although the Federal Government is permitted to safeguard its interest in maintaining secrecy, it must also seek ways of meeting the parliamentarians’ need for information. „Bundestag report finds flaws in the oversight of European intelligence services in The Hague“ weiterlesen
Heiner Busch and Matthias Monroy. Translation by Viktoria Langer
The topic of counter-terrorism in Europe remains closely linked to the development and expansion of police (and secret service) databases. This was the case in the 1970s, after 11 September 2001 and has also been the case since 2014, when the EU Member States started working on their action plans against ‚foreign terrorist fighters‘.
The first effect of this debate has been a quantitative one: the amount of data in the relevant databases has increased explosively since 2015. This can be seen by looking in particular at available data on the Europol databases, like ‚Focal Points‘ (formerly: Analytical Work Files) of the Europol analysis system. Since 2015 they have become one of the central instruments of the European Counter Terrorism Centre (ECTC) which was established in January 2016. „Counter-terrorism and the inflation of EU databases“ weiterlesen
Heiner Busch and Matthias Monroy. Translation by Viktoria Langer
The formal process of developing and implementing EU counter-terrorism law and policy begins with the heads of government, in the European Council, setting out strategic guidelines. Thereafter, the Commission produces proposals for laws and policies that are discussed by the Council of the EU (made up of government officials) and the Parliament. However, this formal task-sharing between the institutions of the EU does not say much about the power relations and impulses surrounding counter-terrorism policy. „Who drives EU counter-terrorism? On the legislation of the European Union“ weiterlesen
The Mediterranean countries of the EU are establishing a network to facilitate communication between armed forces and the border police. Libya, Egypt, Algeria and Tunisia are also set to take part. This would make them, through the back door, part of the surveillance system EUROSUR. Refugees could then be seized on the open seas before being returned to Libya.
The satellite-based Seahorse Mediterranean Network is to commence operations in the course of this year. This information was disclosed by the European Commission in response to a parliamentary interpellation. The Libyan coastguard, which falls within the remit of the navy, would thus be party to information from European surveillance systems. The objective is for Libya to take part in rescue missions outside the country’s territorial waters. „Migration monitoring in the Mediterranean region – Libyan military to be linked up to European surveillance systems“ weiterlesen
Police forces in the EU member states could be able to use fingerprints and DNA traces collected by the US military in Syria and Iraq in the near future. Intelligence services would also be granted access.
According to an EU Council document, the EU police agency Europol intends to process fingerprints and DNA traces in The Hague that are processed by the US military in war zones. This data is being exchanged in the context of Operation Gallant Phoenix, which is an intelligence project spearheaded by the US military that according to media reports, is based in Jordan. US intelligence services are also involved in this undertaking. Operation Gallant Phoenix is being coordinated by the United States Joint Special Operations Command, which commands the special units of all branches of the US military. „Biometric data exchange with the US military: Europol seconds liaison officer for Operation Gallant Phoenix“ weiterlesen
The European Investigation Order in criminal matters allows judicial authorities in all EU Member States to instruct each other to collect evidence. It also sets forth provisions for cross-border telecommunications surveillance. The European standardisation institute ETSI is consequently working on interfaces for the hand-over of intercepted phone calls.
By May 22nd, the Member States of the European Union have to transpose the European Investigation Order in criminal matters (EIO) into national law. The Directive defines cross-border cooperation between judicial authorities including courts, investigating judges and public prosecutor’s offices. In the future, an “issuing State” can oblige an “executing State” to gather evidence in criminal proceedings. This entails inter alia conducting investigations.
It also sets forth provisions for the “temporary transfer of persons held in custody”, hearings by video or telephone conference or the use of the European arrest warrant to transfer people (including temporarily) to courts of another state. There is a dedicated chapter on telecommunications surveillance and the transfer of the “electronic evidence” gathered during such. „Project SMILE: Interface for European telecommunications interception“ weiterlesen
A database set up jointly by Facebook, Microsoft, Twitter and YouTube has become operational. The prototype aims to identify “terrorist and radicalising” content automatically and to remove it from these platforms.
The prototype of a mechanism to prevent the publication of violent terrorist content on platforms such as Facebook and Twitter commenced operations last week. This was announced by European Commissioner for Migration, Home Affairs and Citizenship, Dimitris Avramopoulos, who met representatives from Facebook, Twitter and YouTube on Friday last week in order to discuss the progress made so far with regard to the “removal of terrorist content online”.
„Social media companies launch upload filter to combat “terrorism and extremism”“ weiterlesen