Who drives EU counter-terrorism? On the legislation of the European Union

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

Migration monitoring in the Mediterranean region – Libyan military to be linked up to European surveillance systems

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

Biometric data exchange with the US military: Europol seconds liaison officer for Operation Gallant Phoenix

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

Project SMILE: Interface for European telecommunications interception

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

Social media companies launch upload filter to combat “terrorism and extremism”

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

Pretty complicated: The European data landscape

The Council of the European Union has published a diagram of all of information systems in the realm of justice and home affairs. This overview includes databases operated by the police, customs and agencies, as well as by Interpol. It also features the agreement between the EU and the USA on exchanging data regarding financial transactions.

A new diagram is intended to make it easier for delegations from European Union member states to get to grips with the data landscape in the area of justice and home affairs. This was against the backdrop of the High Level Expert Group on Information Systems and Interoperability launched in the summer of last year, which is tasked with the development of proposals to improve file-sharing. The group is made up of members of the Commission and the member states, as well as external “experts”.

All existing information systems are to be assessed and tested for their usefulness. Uniform formats that are developed by the Bundeskriminalamt (Federal Criminal Police Office) and the police agency Europol are envisaged. A further aim is to improve the quality of the data supplied. A problem that the authorities run up against when dealing with decentralised systems is the fact that the member states often use different software programmes. The Expert Group is working to assess the feasibility of centralising systems in such cases. Pretty complicated: The European data landscape weiterlesen