Strategic Compass: Secret services help determine EU’s military course

Member states‘ foreign and defence ministries are today discussing future European Union military capabilities, including how to respond to „cyber threats“. The fodder for this „Strategic Dialogue“ comes from the domestic and foreign intelligence services. MEPs are not allowed to see any of the top-secret documents.

The EU member states are working on new guidelines for the Common Security and Defence Policy (CSDP). These are to be summarised in a „Strategic Compass“, on the basis of which concrete measures and operations will then be decided. In this way, the governments are further expanding the initially rather defensive „EU Global Strategy“.

The Global Strategy adopted in 2016 envisages that the European Union will increase its arms expenditure and the number of its military missions. With the legally controversial Defence Fund and the Permanent Structured Cooperation (PESCO), the proposals were implemented in a relatively short time. PESCO defines concrete measures for research and development of military systems, including „cyber defence and response“, „reconnaissance and space“ and drones at sea, on land and in the air. „Strategic Compass: Secret services help determine EU’s military course“ weiterlesen

Cryptowars and migration: Great Britain continues to influence EU policy

The British exit from the European Union strengthens cooperation in informal circles. One of these questionable alliances is now launching measures to decrypt secure communications. This also involves the US government.

With Brexit, the UK has left the „European area of Freedom, Security and Justice“. From the EU’s point of view, the Kingdom became a third country, which can still participate in various measures of the Schengen states via a „Trade and Cooperation Agreement“. However, the government no longer has any say at EU level.

Nevertheless, according to a statement by the British Home Office, the country remains part of the „G6 Group“, in which the interior ministers of the six most populous EU member states have organised themselves for 18 years. The agenda of the most recent meeting at the end of March included the prevention of immigration. Home Secretary Priti Patel presented „landmark changes“ to the British asylum system. By „intelligence and expertise“, the Kingdom’s authorities wanted to „tackle illegal migration across the continent“. „Cryptowars and migration: Great Britain continues to influence EU policy“ weiterlesen

Frontex and the use of force

With the „Standing Corps“, the EU has an armed police force for the first time. The use of guns and other means of coercion is to be monitored by a „Committee on the Use of Force“, whose members are selected by the Frontex director. This reinforces the control deficit at the biggest EU agency.

Until now, Frontex relied exclusively on personnel and equipment sent from EU member states in its operations. The border agency had its own staff of up to 1,500 officers, but they were only in civilian clothes and mainly deployed at the headquarters in Warsaw. In the meantime, Frontex has become the largest agency in the Union in terms of staff and budget. The budget for this year is 544 million Euros, for the next seven years Frontex will receive 5.6 billion Euros.

Most of the money is currently spent on a new border force to implement the strengthened mandate of the border agency. The Frontex Regulation, renewed two years ago, provides for the creation of a „Standing Corps“ of 10,000 officers, divided into four categories for short- and long-term missions. 3,000 „Category 1“ officers will be assigned directly to the headquarters in Warsaw as so-called statutory personnel. They wear Frontex uniforms and are allowed to use other means of coercion in addition to pistols. This is the first time the European Union has had an armed police force. „Frontex and the use of force“ weiterlesen

New freight information system: EU Commission launches pre-declaration with risk analysis

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

Privileged third country: EU security cooperation with Great Britain after Brexit

British authorities continue to participate in many EU instruments in the area of justice and home affairs, and cooperation in some cases even goes further than with the Schengen states Norway, Iceland or Switzerland. The exit from Europol and the Schengen Information System could strengthen the secret services.

With its withdrawal from the European Union, the UK will have left the „European Area of Freedom, Security and Justice“ as of 1 January 2021, and the country will become a third country from the EU’s perspective. This will also end cooperation within the framework of the Schengen Agreement. The government in London will lose its place as one of the most important partners in the EU security architecture. The loss of participation in the Schengen Information System (SIS II) will probably weigh heavily in the UK. In 2019, British police forces and intelligence services had around 37,000 persons and 4.5 million objects stored there. Many covert Article 36 alerts, which allow police and domestic intelligence to track the movements of wanted persons across the EU, also originated in the UK.

However, British authorities are to be allowed to continue to participate in important EU information systems in the area of Justice and Home Affairs (JHA) and also to cooperate with agencies. These are the provisions of the provisional „EU-UK Trade and Cooperation Agreement“ (TCA), which the parties negotiated at the last minute before the turn of the year. „Privileged third country: EU security cooperation with Great Britain after Brexit“ weiterlesen

EU has spent over 300 million on surveillance with drones in four years

Unmanned systems have been flying regularly for the European Union’s agencies since 2017. Now, member states are also receiving funding for drones at their external borders. Soon, remote-controlled patrol boats could be deployed.

The EU Maritime Safety Agency (EMSA) has published a new call for unmanned surveillance of European maritime areas. A company is being sought via the European tendering platform „Ted“ to carry out an initial 2,300 flight hours with larger drones for 20 million Euros. They are to operate in a radius of at least 500 kilometres and remain in the air for more than ten hours. According to the plans, the drones will operate without a runway. This should make it possible to decide quickly and flexibly on their deployment to an operational area.

With the new order, the EU Commission has spent at least 308 million Euros on the use of drones since 2017. That does not include research and development of drone services. A study presented in 2014 by the British non-governmental organisation Statewatch, for example, put this at around 500 million euros. „EU has spent over 300 million on surveillance with drones in four years“ weiterlesen

Artificial intelligence: Frontex improves its maritime surveillance

Frontex wants to use a new platform to automatically detect and assess „risks“ on the seas of the European Union. Suspected irregular activities are to be displayed in a constantly updated „threat map“ with the help of self-learning software.

The EU border agency has renewed a contract with Israeli company Windward for a „maritime analytics“ platform. It will put the application into regular operation. Frontex had initially procured a licence for around 800,000 Euros. For now 2.6 million Euros, the agency will receive access for four workstations. The contract can be extended three times for one year at a time.

Windward specialises in the digital aggregation and assessment of vessel tracking and maritime surveillance data. Investors in the company, which was founded in 2011, include former US CIA director David Petraeus and former CEO’s of Thomson Reuters and British Petroleum. The former chief of staff of the Israeli military, Gabi Ashkenazi, is considered one of the advisors. „Artificial intelligence: Frontex improves its maritime surveillance“ weiterlesen

Brexit agreement: Close EU police cooperation with the UK continues

British authorities retain access to the EU-wide exchange of PNR data and are allowed to query biometric records in EU member states. Additional agreements regulate close cooperation with Europol and the rapid extradition of wanted persons. However, the UK must leave Europe’s largest manhunt database.

Even after Brexit, Britain retains an important place in the European Union’s security architecture. The Trade and Cooperation Agreement presented by the EU Commission and the British government at Christmas reaffirms the „need for strong cooperation between national police and judicial authorities“.

Among the „areas of mutual interest“ are law enforcement and judicial cooperation in criminal and civil matters. To combat and prosecute cross-border crime and terrorism, British authorities may continue to participate in important EU information systems and also cooperate with agencies. Each of the new forms of cooperation is subject to the obligation to respect the European Convention on Human Rights. There is no way to involve the European Court of Justice for legal action concerning any of the measures foreseen in the Trade and Cooperation Agreement. „Brexit agreement: Close EU police cooperation with the UK continues“ weiterlesen

„Electronic Evidence“: No simplification for digital investigations yet

No less than three international organisations are working on different agreements to ease access to servers abroad for police and judiciary. In the Council of Europe, the EU Commission might pre-empt the United Nations. Problems arise with demands from the USA.

65 states have ratified the Additional Protocol to the Council of Europe Cybercrime Convention, and three more may join. The 2001 treaty is also known as the Budapest Convention. For three years now, the participants have been negotiating a new version, which should facilitate cross-border access to „Electronic Evidence“ in criminal investigations.

Negotiations on the conclusion of the new mutual legal assistance agreement will now be delayed by at least six months. This was announced by the Cybercrime Committee of the Council of Europe after its meeting on 30 November. The new timetable provides that the agreement can be concluded in May 2021 at the earliest. „„Electronic Evidence“: No simplification for digital investigations yet“ weiterlesen

Removal order and upload filter: Controversial EU negotiations before conclusion

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