German ANOM investigations: The mysterious EU third state

The FBI had a crypto-messenger programmed that was fully intercepted. For legal reasons, the US authority received the intercepted communication via detours. Because of „hearsay court orders“, its use in German criminal proceedings is questionable.

Ever since the encrypted messenger service EncroChat was hacked by authorities from France and the Netherlands in March 2020, investigative proceedings have been piling up at law enforcement agencies across Europe. Millions of chat messages have been transmitted via Europol to the relevant authorities in EU member states for follow-up. Almost every day, therefore, there are new raids, arrests or convictions in Germany as well.

Although the hack was presumably carried out by a French secret service and involved mass surveillance without any reason, the German Federal Supreme Court – unlike some regional courts before it – recently allowed the use of EncroChat data as evidence in Germany in principle. This was because the information had been collected by France, i.e. an EU member state, and passed on within the framework of European mutual legal assistance. The countries participating in this set of rules were to be trusted in principle. „German ANOM investigations: The mysterious EU third state“ weiterlesen

Negotiations on the Europol Regulation: Will there be a „European FBI“ by the end of the year?

Europol is to be allowed to carry out „discreet“ manhunts and request large amounts of data from private companies, using „artificial intelligence“. In addition, the police agency coordinates special units and cooperated with foreign secret services.

The European Parliament, the Commission and the Council today began the so-called trilogue procedure for a new Europol regulation. The police agency with its headquarters in The Hague could receive significantly more competences. It is stipulated, for example, that Europol coordinates the special police units of the member states in the ATLAS network, reports any criminal conduct within Europol’s competence to the European Public Prosecutor’s Office and supports the member states in responding to cyber attacks.

A corresponding proposal to amend the current regulation was presented by the Commission last December. The main changes are named in the title of the legislative text: It is about Europol’s cooperation with private parties, the increased processing of personal data and the role in research and innovation. „Negotiations on the Europol Regulation: Will there be a „European FBI“ by the end of the year?“ weiterlesen

New regulation: Europol becomes quasi-secret service

The EU police agency processes billions of personalised „big data“, much of it from governmental hacks or intelligence sources. The new Europol vice-director, who was trained in the French military, plays a special role. Now it’s up to the EU Parliament to decide.

The day before yesterday, the EU interior ministers agreed on a mandate for negotiations on the amendment of the Europol Regulation. The final draft has already been published by the British civil rights organisation Statewatch. This means that negotiations on the planned law with the EU Parliament can begin. The proposal is controversial, as Europol would be allowed to process data from private entities on a large scale, even if they include innocent people or contact persons of suspects.

Six months ago, the Commission had presented the draft for the new Europol Regulation. According to the proposal, Europol should have an additional 178 million euros and 160 new posts by 2027. Because the police agency would then also be allowed to use the Schengen Information System (SIS II), a proposed amendment of the SIS Regulation is also being discussed. With the new legal and financial powers, Europol would be on its way to becoming a „European FBI“, as some German interior politicians have demanded in recent months. „New regulation: Europol becomes quasi-secret service“ weiterlesen