Internet service providers comply with police requests to remove content on a large scale on a voluntary basis, but a legislative proposal would force them to cooperate. An agreement could still be reached under the German Presidency of the Council.
Negotiations on an EU regulation against the distribution of terrorist content online could be successfully concluded in the coming weeks. Following the recent attacks in France and Vienna, the Parliament and the Member States of the European Union have made concessions on key points. This emerges from a draft of 9 November which was put online by the British civil rights organisation Statewatch on the trilogue negotiations in which the Commission is also involved.
With the legislative proposal for a „Regulation on Preventing the Dissemination of Terrorist Content Online“ presented by the Commission two years ago, the EU is pressing for „enhanced action“ against terrorist activities. A whole chapter of the draft is devoted to measures that should „effectively tackle“ uploading and sharing of text, images, sound recordings and videos, including a one-hour time limit between placement of the order and its implementation as well as technical means to prevent a reupload. Critics had understood this to mean the introduction of upload filters even for small providers. „Removal order and upload filter: Controversial EU negotiations before conclusion“ 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
Germany uses its EU Presidency to reorganise digital surveillance in Europe. A 5G working group temporarily set up by the BKA is now being consolidated at Europol. It is to coordinate the „operational capabilities“ in the Member States and facilitate interception through new legislative proposals.
The German Presidency of the EU Council wants to set up a Europe-wide working group on the interception of telecommunications by police forces and secret services. This emerges from a document put online by the British civil rights organisation Statewatch. The „Permanent Group of the Heads of Interception Units“ is to consist of the departments responsible in several Member States.
With this initiative, the German Government wants to improve the „operational capabilities“ in the Member States. However, a central office for interception of telecommunications located at the European Union is probably not adressed, as this would be contrary to the EU treaties. Europol could, however, take on an intermediary role, as it does in the cross-border tracking of GPS transmitters, and ensure that in cross-border investigations different authorities do not monitor the same telephone lines. „Lawful interception: German government sets up new surveillance unit at Europol“ 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
According to the new regulation, a total of 1,500 forces are to be located directly at Frontex. This is the first time that the European Union is commanding a police corps with a common uniform. However, there is no legal basis for the planned acquisition of weapons, ammunition and „non-lethal equipment“.
By 2027 the EU Border Agency wants to establish a „Standing Corps“ of 10,000 border police officers. The personnel, almost two-thirds of which are to be recruited by next year, is divided into four categories. 3,000 additional „Category 1“ officers are to be directly subordinated to the agency’s headquarters in Warsaw. At present there are about 1,500 employees working there, most of them are not uniformed. In order to be able to grow up, Frontex is moving its headquarters in 2024 to a new building, also erected in the Polish capital.
With 1,500 officers, the „long-term“ deployment forces in „Category 2“ represent a comparatively small part of the „permanent reserve“. These are personnel from the Member States who are seconded to Frontex for at least 24 months. The German Federal Police will initially deploy 61 police officers, later it is planned to increase to 225. Frontex wants to mobilize 5,500 officers from the Member States for short-term deployments in „Category 3“, and another 1,500 in the „Reserve for Immediate Action“ in „Category 4“. Here the agency will draw on the existing „Rapid Border Intervention Teams“, which have so far only been deployed in Greece. „Frontex has a weapon problem“ weiterlesen
Following a decision by the Council, the government in Great Britain has to work through a long list of shortcomings regarding participation in Europe’s largest police database. Although most omissions are even classified as serious and should therefore be rectified „without delay“, the British Home Office remains stubborn. Actually, such cases should lead to a decoupling.
The British government does not want to repair several errors in the national implementation of the Schengen Information System (SIS). The EU Commission had called for 34 shortcomings to be remedied, but according to a now published note from Brussels, Britain is only following six of these recommendations. Among the persistent shortcomings are the creation of copies of the SIS or the lack of assistance in searches from the associated Schengen countries. Measures such as making the SIS easier to use or the installation of a screen so that the contents of the screen cannot be viewed during a border check have however been implemented. „Refusal from London: British problems in the Schengen Information System remain“ weiterlesen
Anyone who „maliciously“ penetrates European information systems from a third country must expect a ban on entry and the confiscation of assets. However, it is unclear how such an attack is to be attributed.
The European Union has adopted new ways of responding to cyber attacks. Suspected attackers from third countries must reckon with sanctions. A corresponding regulation was approved by the Economic and Financial Affairs Council on Friday and subsequently published in the EU Official Journal. It is therefore in force immediately.
In the „Regulation on restrictive measures against cyber attacks threatening the Union or its member states“, the EU states follow a graduated procedure. As with violations of the Foreign Trade and Payments Act, persons, organisations or other „institutions“ are placed on a sanctions list and banned from entering the EU. Their assets can be confiscated or „frozen“. Sanctions may also be imposed on persons or entities associated with the persons concerned. Aid and abet to circumvent the EU measures will also be penalised. „EU adopts system for cyber sanctions“ weiterlesen
The planned EU Regulation on the removal of „terrorist content online“ has no longer made it through the legislative process; in autumn the newly elected parliament will decide on it. The governments hope that the MEPs will then vote in favour of tightening up the legislation.
On 12 September, the EU Commission presented its proposal for a for a Regulation on „preventing the dissemination of terrorist content online“. It was to be voted on in an urgent procedure under the current EU Parliament, but was not able to make it through the necessary trilogue procedure between Council, Parliament and Commission.
According to the Commission and Council, the regulation would force Internet service providers to remove „extremist“ and „terrorist“ files as quickly as possible. To this end, the law enforcement authorities are to issue removal orders which must be complied with within an hour. This applies to videos, images, text files or entire websites. „Upload filters: Europol is creating facts“ weiterlesen