The Portuguese Presidency is calling for an EU-wide regulation on access to encrypted content by police and judiciary. This should also affect device manufacturers. Failure to comply could result in companies being banned from doing business in the EU.
The European Union is to adopt a legal framework on decryption in the near future so that authorities can access „lawfully relevant data“. This was written by the Portuguese EU Council Presidency in a Communication which also presents a roadmap for this purpose. An important milestone is a proposal for „way forward“, which the EU Commission will prepare by 2022.
The paper from Portugal has been coordinated with the previous German and the upcoming Slovenian EU Presidencies. The German Ministry of the Interior had taken a new initiative against end-to-end encryption at the start of this so-called trio presidency and adopted a Resolution and Conclusions on the implementation of decryption capabilities. It states that the member states themselves should decide on the methods they use. „EU Council and Commission: New roadmap for access to encryption“ weiterlesen
For „safety and security“ purposes, imports into the European Union must be pre-declared in future. This advance data contains information on all persons, companies and means of transport involved in the sale, transport or shipment of the goods.
In two years at the latest, all persons wishing to enter the European Union will have to provide information on the purpose, duration and approximate course of their journey before they start. This „Travel Information and Authorisation System“ will be supplemented by an „Entry/Exit System“, which will document the actual border crossing. In the process, travellers must deposit their biometric data. For the risk analysis, the systems query relevant EU databases, an algorithm searches for anomalies in the data records.
Yesterday, the EU Commission introduced a similar advance procedure for customs with the „Import Control System 2“ (ICS2). In future, all goods to be imported into the EU customs territory must be declared in a cargo information system. It is intended to serve „security and safety“ and to help customs authorities „intervene at the most appropriate point in the supply chain“. Goods whose consignors or consignees have previously been conspicuous can then be checked more deeply, for example. „New freight information system: EU Commission launches pre-declaration with risk analysis“ weiterlesen
Only after the attack in Christchurch did the EU Commission and the Council take violent right-wing extremism and terrorism more seriously. However, no progress has been made in the cross-border fight against the phenomenon. Some Member States are putting the brakes on political decisions and consider terrorist attacks only as „extremism“.
On 15 March 2019, the Australian-born right-wing terrorist Brenton Tarrant shot 51 people in cold blood and injured another 50 in Christchurch, New Zealand. The perpetrator is considered a „lone wolf“ or „lone actor“, i.e. an individual who has radicalised himself in right-wing forums and social media on the internet. For many years, European police and secret services have monitored and prosecuted the phenomenon exclusively in the field of Islamist terrorism. Only after the momentous attack did cross-border right-wing networks and „lone actors“ radicalised through their structures find their way onto the EU agenda.
There are well-organised right-wing extremist associations such as Blood and Honour, Combat 18, Hammerskins, Soldiers of Odin, the Nordic Resistance Movement or the Identitarians, which all operate throughout Europe and also have connections on other continents. Their activities were partly observed by the EU, but not perceived as a threat. The EU police agency Europol publishes the „Trend Report on Terrorism in Europe“ (TESAT) every year. There, „right-wing terrorism“ is still at the end of the document after „jihadist terrorism“, „ethno-nationalist and separatist terrorism“ and „left-wing terrorism“, where Europol counts mainly arson attacks in the member states. „Anti-terrorism at walking pace: Little European Union action against right-wing extremists“ weiterlesen
In Germany there is no legal definition of „Gefährder“. They are persecuted for acts they have not yet committed. The Federal Government now wants to exchange more data on this group of people throughout the EU.
Actually, the police should prosecute suspects or defendants of a crime. Its tasks also include the prevention of a „concrete danger“, such as that emanating from persons called „troublemakers“ in police jargon. With the „Gefährder“ a third police target group has been sneaking into German law for two decades, as Heiner Busch expressed it in the magazine CILIP. This marked the beginning of a new stage in the shifting of criminal prosecution to the preliminary stage: threats are being prosecuted that have not yet even occurred.
Before the attacks on the World Trade Center in 2001, football fans or political activists were referred to as „Gefährder“, but now the category is mostly used in connection with terrorism. There is no legal term for it, instead it is a working definition, which the heads of the state criminal investigation offices and the Federal Criminal Police Office vaguely outlined for the first time in 2004. According to this concept, a „Gefährder“ is a person in respect of whom „certain facts justify the assumption that they will commit politically motivated crimes of considerable importance“. „Germany wants EU concept for „persons considered a potential terrorist or violent extremist threat““ weiterlesen
Since 2016, the Council and Commission of the European Union have been working on ways to decrypt digital content. After setting up a department at Europol, the Internet companies are now being urged to cooperate more. They are to provide police and secret services with decrypted data on request.
Within the framework of its EU Council Presidency, the German government wants to achieve a declaration on encrypted communication on the Internet. This common line taken by all member states should put pressure on service providers to introduce appropriate solutions for decrypting. According to a Council document published yesterday by the British Civil Liberties Organization, the individual governments are to send their position to an e-mail address of the German Ministry of the Interior by October 7. After that, the Standing Committee on Operational Cooperation on Internal Security (COSI) will decide on how to proceed. There, the national interior ministries are coordinating among themselves. „German Ministry of the Interior plans EU declaration against encryption“ weiterlesen
European police authorities have numerous applications for communication and information exchange. Member States are now developing another platform for large-scale police operations and terrorist attacks. The European domestic secret services have a similar system.
Several European police authorities are developing a new system for the exchange of information in real time. Under the name „Quick Response for Operational Centers“ (QROC), the affiliated units are to coordinate their response following a terrorist attack. The instrument could also be used to provide support in case of major events and crises. Several Member States are currently looking for appropriate solutions, and corresponding efforts are also being made in the context of the Corona crisis.
According to the project’s website, the exchange of data on events and persons possibly involved could subsequently be carried out via the so-called „Swedish Initiative“. The Council Framework Decision of 2006 sets short deadlines for the cross-border transfer of personal data. It would also be possible to use the Prüm Framework, which enables the responsible services throughout Europe to query biometric data or data on vehicle owners. „EU police forces plan new information system“ weiterlesen
Customs authorities are seen as „gatekeepers of EU borders for the flow of goods“. They increasingly rely on „risk analysis“ and new information systems. Now the EU customs cooperation with police and border authorities will be enhanced.
Since 1968, the European Economic Community has been a Customs Union for industrial products, and from 1970 for agricultural products as well. All customs formalities at the internal borders of the member states have been dropped. Even the level of customs duties at the external borders, on which all countries had previously decided on their own responsibility, has since been regulated by a common customs tariff.
The framework for today’s EU customs union is the Union Customs Code (CCC) adopted in 1992. It provides uniform rules for customs tariffs on imports from outside the EU. The European Commission constantly proposes updated customs regulations and monitors their implementation. The Directorate-General for Taxation and Customs Union (TAXUD) in Brussels has responsibility for this. It also operates the tariff system (TARIC3), which displays the current rates.
Customs duties are generally paid where the goods first arrive. The revenue generated is considered the EU’s „traditional own resources“ and covers around 14 percent of its total budget. The member states retain 20 percent of this amount for expenses incurred by their customs authorities and their control activities. In 2016, for example, the EU collected around 25 billion euros in customs duties, leaving 20 billion after deduction of national expenditure. In the last three years, around four billion euros of the total revenue came from Germany. „Customs Union: 27 countries „work together as if they were one““ weiterlesen
The European Union intends to further strengthen operational cooperation and exchange of information between police authorities. The focus will be on upgrading Europol, which celebrates its 20th anniversary this year.
According to a paper by the Romanian government, Europol’s mandate and capabilities should be further strengthened. The police agency will therefore be developed into a „law enforcement information hub“.
The proposal was made within the framework of the EU Council Presidency, which Romania held in the first half of the year. Since 1 July, the European Union has been led by Finland, where the issues are dealt with further. „Internal security in the EU: „Moving from data collection to data connection““ 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
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