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
The planned EU e-Evidence regulation is intended to force Internet service providers to cooperate more with police and judicial authorities. However, a survey shows that the companies already comply with their requests voluntarily. But they are often incorrect and thus rejected.
The police from Germany, France and Great Britain request by far the most data from Internet service providers. This is the result of a study by the SIRIUS project, which Europol has published on its website. 38% of all requests (67,991) come from German authorities. Although the so-called G6 countries (Germany, France, the UK, Poland, Spain and Italy) represent half of the EU population, their authorities are responsible for around 90% of crossborder internet surveillance activities.
The SIRIUS platform located at the police agency Europol in The Hague is intended to facilitate the exchange of knowledge on electronic evidence. Via a secure connection, authorities in all EU member states can obtain information on how to query Internet service providers. This applies to traffic, user and content data, which are released in different ways. SIRIUS also contains instructions for „Open Source Internet Searches“ (OSINT) and for conducting queries on user data from various service providers. This enables the persons behind IP addresses or mail accounts to be determined. „Europol Study: Disclosure of electronic evidence often fails due to incompetence of authorities“ weiterlesen
Frontex gets more resources and powers. Setting the course before elections to the EU Parliament. A conversation with Matthias Monroy
The EU wants to perfect the moat of its Fortress Europe and transform the European Agency for Border and Coast Guard (EBCG), or Frontex for short, into a border police force. What are the concrete plans?
First of all, there is the establishment of a force of 10,000 troops to prevent border crossings at the external borders or to carry out deportations. This is something completely new, because so far the Border Agency only has civilian staff. This „Standing Corps“ will be set up gradually. By 2021 5,000 officials are to be recruited, by 2024 7,000. They will report directly to the Warsaw Headquarters. In addition, the Member States are to send their own national officials to the „Standing Corps“ for two years. „„In fact, Frontex is now flying for the Libyan coastguard““ weiterlesen
Once called for as an indispensable tool in the fight against terrorism, the implementation of the EU directive on the use of passenger data is slow.
The „Passenger Name Records“ (PNR) package adopted over two years ago should have been transposed into national law by all Member States by 25 May this year. However, a considerable number of governments have not yet reported this to the Commission. This was confirmed by EU Internal Affairs Commissioner Julian King at a hearing in the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE). Previously, the civil rights organisation Statewatch had also reported on this.
According to the Directive, airlines, travel agencies and other operators have to transmit extensive personal data of their customers to the competent authorities before each trip. They are stored there for five years. These approximately 60 individual data fields include information on the itinerary, passengers, stopovers, hotels booked or rental cars. All booking information is processed, including e-mail address, billing address, travel agent responsible, languages of minors on the flight, food preferences or a doctorate. „EU police show little interest in processing passenger data“ weiterlesen
On 1 May 2017, the new regulation on Europol will enter into force. The compromise agreed on in the framework of the trilogue procedure lays down new more detailed provisions on oversight of the activities of Europol by the European Parliament.
Article 88 (2), sentence 3 of the Treaty on the Functioning of the European Union provides for the national Parliaments to be more closely involved with this scrutiny. Article 51 of the regulation mentions the establishment of a Joint Parliamentary Scrutiny Group (JPSG). The European Parliament had lobbied hard during the trilogue procedure to achieve this. The Group is to consist of Members of the European Parliament and the national Parliaments. Yet it is unclear how this will work in practice. „New Europol regulation due to enter into force from May 2017 – oversight is likely to remain superficial“ weiterlesen