When conducting digital investigations, authorities often run up against the problem that the data they are looking for is stored on servers abroad or that service providers do not respond to requests. The European Commission is therefore working to develop uniform standards. A number of companies are already cooperating in these efforts.
The European Union intends to make it easier for the police and secret services to access servers belonging to Internet providers. This is set out by a position paper by the European Commission on gaining access to e-evidence, which was discussed at the recent Justice and Home Affairs Council. The paper contains proposals for implementing the Council conclusions on “Improving criminal justice in cyberspace” of June of this year. Allowing authorities to submit direct enquiries to companies is on the table. „E-evidence: Internet companies in the USA to facilitate direct enquiries by European authorities“ weiterlesen
The PNR directive obliges air carriers to collect a whole host of data and pass it on to the border authorities in advance of all flights. This information includes registration data, seat and flight numbers, along with food preferences, credit card details or IP addresses. PNR passenger information units (PIUs) in the Member States then analyse the information to identify “suspects and anomalous travel patterns”.
On 27 April, the European Parliament and the Council adopted the Directive on the use of passenger name record (PNR) data. Information collected at the booking stage can now be used by police forces and intelligence services to “prevent, detect, investigate and prosecute” terrorist offences or serious crime. For flights from and to the EU, up to 60 individual pieces of data on passengers are collected and stored for five years. These include registration data, seat and flight numbers, along with food preferences, credit card details or IP addresses.
The collection of PNR data not only applies to airlines, but also to travel agencies, tour operators or other service providers who book flights. In the future, the plan is for European PNR data to also be exchanged with third countries or international organisations. „About the implementation of the EU Directive on the use of passenger name record data“ weiterlesen
The European Union intends to simplify investigative authorities’ access to encrypted content. This emerged from the replies to a questionnaire that was circulated to all Member States by the Slovak Presidency of the EU Council. After a “reflection process”, efforts in this area are, according to the summary of the replies, intended to give rise to a framework for cooperation with Internet providers. It remains unclear whether this will take the form ofa recommendation, regulation or directive.
The replies to the questionnaire are now being examined by the Friends of the Presidency Group on Cyber Issues (FoP Cyber), which also held discussions on “increasing tendencies to exploit encrypted communication in order to hide criminal activities, identities and crime scenes”. Those taking part included the European External Action Service, the European Defence Agency and other EU institutions. FoP Cyber’s recommendations will then be addressed at the meeting of the next Justice and Home Affairs Council in Brussels. „New EU network of judicial authorities to combat the “challenges stemming from encryption”“ weiterlesen
The Federal Ministry of the Interior is stepping up its cooperation with Egypt in spite of persecution against the opposition, abuse, torture and death sentences. What is more, the Federal Criminal Police Office is cooperating with two notorious intelligence services. The focus here is on “extremism” and “terrorism”, two labels that have been used to justify the incarceration of activists, bloggers, journalists, lawyers and members of the Muslim Brotherhood.
The Federal Criminal Police Office (BKA) is training Egyptian security authorities on Internet surveillance with a range of measures. The Federal Ministry of the Interior disclosed this information in its reply to a minor interpellation, according to which a further workshop on “monitoring websites” is scheduled to take place in December. The focus is on websites “that are abused by terrorists in order to disseminate their extremist ideology and to plan terrorist attacks”. No information has been provided on which forms and instruments are being used for monitoring purposes. The training measures also include financial investigations into bank accounts and transfers. „German Federal Criminal Police trains secret services in Egypt on monitoring „extremism“ on the Internet“ weiterlesen
In the future, the Federal Police will also be able to deploy undercover agents. The provision is part of the new “Act to Improve Information Exchange in the Fight Against International Terrorism”, which the Grand Coalition adopted on 24 June 2016 and the parliamentary groups of the opposition voted against.
The version amended by the Committee on Internal Affairs which was finally adopted states that the deployment of undercover agents has now become “indispensible and long overdue”  for the central policing duties the Federal Police has assumed for 20 years now. In the debate over the bill, the President of the Federal Police, Dieter Romann, also spoke out. In a statement submitted late he cited the phenomenon of “illegal migration” as justification for the need for statutory undercover threat-prevention powers. He stated that the Federal Police was no longer in a position to sufficiently counter the tactics of “smuggler organisations” “using traditional, conventional methods”. “People smugglers” acted “highly conspiratorially, with division of labour, shielding themselves from police actions to a large degree”. Witnesses and victims, he claimed, were “intimidated with violence or coerced into giving false evidence”. “The most deaths”, he said, were in the area of organised crime, which “illegal people smuggling” is subsumed under. For this reason the preventive deployment of undercover agents by the Federal Police was a “tactical requirement”. This included, he went on, “discretionary investigations”. Such a possibility existed in almost all of the police laws of the Länder, or federal states, (with the exception of Schleswig-Holstein) and in the Federal Criminal Police Office Act and had proven successful. „New powers for the German Federal Police: undercover agents to combat unwanted migration“ weiterlesen
Europol’s Internet Referral Unit is more active than had previously been known. The partnership with the internet industry is now to be expanded further, with the aim of establishing a Joint Referral Platform for the police and private companies and developing “counter-narratives”.
A document posted online by the British civil-rights organisation Statewatch provides new information about the Internet Referral Unit set up at Europol in The Hague. It states that the unit has already found, analysed and assessed 7364 pieces of suspected terrorist and extremist material online. In 6399 cases, Europol asked internet companies to remove the content, and was successful in 95% of cases. Much lower figures had been given by the European Commission in a communication five weeks ago. The content was found across at least 45 different platforms, according to the communication. „“Terrorist material” online: further successful removal requests by Europol“ weiterlesen