The EU Commission is collecting outstanding cases with which it can promote the interception of messengers. Great Britain is going even further.
In six weeks, the European Commission plans to present its proposal for „legislation to effectively combat child sexual abuse“. According to the meeting calendar, this could take place on 2 March as things stand.
Presumably, the package also includes the long-awaited proposal for a regulation to identify, remove and report „illegal online content“ to combat child sexual abuse. Providers of messenger services or chat programmes would be obliged to automatically search their customers‘ communication for relevant material and make it accessible to law enforcement.
Originally, the planned regulation was already announced for spring of last year. The reason for the delay is probably the explosive nature of the law. It also affects encrypted content, including services such as Signal, Threema or Whatsapp. MEP Patrick Breyer has coined the catchword chat control for this forced screening. As with data retention, this is a mass surveillance of all citizens without any reason. „Chat control: Schengen states should promote decryption of messengers“ weiterlesen
Since this year, the ATLAS network has had a Support Office at Europol, with which the police agency coordinates cross-border operations of units from Schengen states. Most of the money from the coming budget will again go to police forces from Germany.
The European Union is further expanding its association of special police units.The so-called ATLAS network, in which 38 Special Intervention Units (SIUs) from the Schengen states coordinate, is working with Europol to build up new capabilities. This is stated in a work programme for 2023 published by the British civil rights organisation Statewatch. According to this, Great Britain will also participate in the cooperation after Brexit.
The ATLAS network, founded after the attacks of 11 September 2001, has been part of the structures of the European Union since 2008 and is managed as one of the 18 expert groups of the Council Working Group on Law Enforcement. The EU wants to use it to prepare for major police situations that require support from other member states. This concerns operations in the event of terrorist attacks, serious and organised crime or other „crisis situations“. „Coordination by Europol: Special Intervention Units train with drone carrying explosives and robot dog“ weiterlesen
Providers of messengers and cloud services will be allowed to voluntarily screen for child abuse content worthy of prosecution, which is to become mandatory across the EU. The Council and Commission are pushing for an extension to other crime areas. Next week, the EU interior ministers will publish a declaration on this.
On 1 December, the European Commission planned to present its proposal for a regulation for „detection, removal and reporting of illegal content online“ in the area of child sexual abuse. It would require providers of messenger services or chat programmes to automatically scan private communications for such material.
But the already delayed bill is now being postponed again. This emerges from a comparison of the Commission’s agendas. The latest version, dated 26 October, no longer includes the legislative proposal. Originally, the Commission wanted to present the EU regulation already in spring. So far, there is no new date. „Planned regulation: EU Commission postpones mandatory screening of encrypted chats“ weiterlesen
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
Presumably because of the Corona pandemic, queries to Europe’s largest wanted persons database have dropped drastically. Irish authorities now also participate in the system, but are only allowed to process about a third of the wanted persons entered there.
On Monday, Ireland joined the Schengen Information System (SIS II). This makes the Republic a participant in the largest and most widely used information system in Europe. The SIS II was set up in 1995 partly to compensate for the removal of internal border controls. Another purpose of the system is to improve „internal security“.
In the SIS II, the authorities involved can enter searches for persons and objects. By far the largest part, with about 87 million entries, concerns vehicles or documents reported as lost or stolen. As of 1 January, according to the German Federal Ministry of the Interior, 933,061 persons were listed in the SIS II. After Brexit, around 37,000 UK-registered persons and 4.6 million objects were deleted on 31 December. „Schengen Information System: Largest European police database now with Ireland“ weiterlesen
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
The Police Working Group on Terrorism (PWGT) consists of the political departments of police authorities in all Schengen states. The informal group was established in 1979 as a response to left-wing armed movements. After their disappearance, the purpose of the PWGT was expanded to include „political violent activities“.
Together with police authorities from the Netherlands, Belgium and Great Britain, the German Federal Criminal Police Office (BKA) started the European „Informal Terrorism Working Group“ in 1979. The founding date was 25 and 26 April, prompted by attacks by armed left-wing groups in various European countries. One month earlier, the British ambassador Richard Sykes was killed in The Hague. The Irish IRA claimed responsibility, initially, however, the police also considered the involvement of Palestinian groups or the German RAF possible.
Before Margaret Thatcher was elected British Prime Minister in May 1979, the Irish National Liberation Army killed her future Northern Ireland Minister with a car bomb. In Germany at that time, IRA commandos carried out attacks on British soldiers, in Belgium the RAF tried to blow up the NATO supreme commander in Europe. This was reason enough for the BKA’s „Terrorism“ department, like the left-wing movements, to do better in international networking. „European police networking in the twilight“ weiterlesen
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
After police, customs and immigration offices, numerous non-police authorities are now connected to Europe’s largest database for security purposes. All Schengen states now have to implement three new regulations. Surprisingly, there is resistance in Switzerland. In the end, the country may even leave the network.
With the implementation of three new regulations, some 2,000 additional German federal, state and local authorities will be connected to the Schengen Information System (SIS II). This is what the German Ministry of the Interior wrote in its response to a minor enquiry in August this year. At that time, it was said that „no reliable estimate could be made“ of the number of new authorised persons. In a new answer, the Ministry is now becoming more specific. „SIS 3.0: Thousands of new authorities use the Schengen Information System“ 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