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
In the fifth generation of mobile communications, encrypted and anonymous connections are technically feasible. Police and secret services, however, provide new interception possibilities
Following the auction of frequencies, mobile operators are building the new 5G network. This fifth generation of mobile phones is considered particularly secure because of its concept of „Privacy by Design“. Connections can be encrypted end-to-end, which makes interception much more difficult. The device numbers of the telephones and the unique identification of the SIM cards are also transmitted in encrypted form. Under 5G, the registered mobile phones also recognize suspicious mobile cells. This makes the IMSI catcher currently in use unusable for locating and listening to telephones in the vicinity.
The new possibilities for encryption and anonymisation are causing police forces and secret services headaches. The German Federal Ministry of the Interior complains of „additional technical hurdles in the monitoring of telecommunications and the implementation of technical investigation measures“ and announces „adjustments“ of the telecommunications legislation. „„Obstacles to surveillance“: How authorities insecure 5G telephony“ weiterlesen
The European Investigation Order in criminal matters allows judicial authorities in all EU Member States to instruct each other to collect evidence. It also sets forth provisions for cross-border telecommunications surveillance. The European standardisation institute ETSI is consequently working on interfaces for the hand-over of intercepted phone calls.
By May 22nd, the Member States of the European Union have to transpose the European Investigation Order in criminal matters (EIO) into national law. The Directive defines cross-border cooperation between judicial authorities including courts, investigating judges and public prosecutor’s offices. In the future, an “issuing State” can oblige an “executing State” to gather evidence in criminal proceedings. This entails inter alia conducting investigations.
It also sets forth provisions for the “temporary transfer of persons held in custody”, hearings by video or telephone conference or the use of the European arrest warrant to transfer people (including temporarily) to courts of another state. There is a dedicated chapter on telecommunications surveillance and the transfer of the “electronic evidence” gathered during such. „Project SMILE: Interface for European telecommunications interception“ weiterlesen