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
European police forces are organised in three informal networks for the exchange of information on techniques and methods of clandestine surveillance. The German Presidency wants to merge the structures and establish them with the EU. Europol could be responsible for coordination.
Police tasks include clandestine surveillance, for example to convict suspects of a crime or to prevent the commission of further offences. To this end, the authorities use technical means to listen to the spoken word, to observe with miniaturised cameras or to trace with tracking devices.
To improve covert observation and surveillance, European authorities are joining forces in three networks. Police authorities from Eastern Europe, Finland and Malta are members of the „Surveillance Cooperation Group“ (SCG) founded in Prague in 2017. The countries of the Western Balkans as well as Austria join forces in the „Surveillance Expert Network for Southeast Europe“ (SENSEE). All other EU Member States, the associated Schengen members Norway and Switzerland as well as Europol are organised in the „European Surveillance Group“ (ESG). Great Britain is also still participating in this group. „German proposal: EU to take over working group on covert observation and surveillance“ weiterlesen
Restrictions on movement and contact, border closures, travel bans – the Covid 19 pandemic also means considerable limitations on civil liberties and fundamental rights in Germany. Many measures, however, particularly affect refugees.
On 16 March the European Union closed its external borders. Although the application for asylum was supposed to be one of the exceptions to entry permits, de facto the official border crossings for asylum seekers remained largely insurmountable. The EU is also stepping up the surveillance at „green“ and „blue“ borders. The border agency Frontex has suspended some of its operations, for example in the Western Balkans, because of the Corona crisis. But on the other hand, Frontex has extended its missions in Greece, which has seen a high number of arrivals of refugees due to tensions with Turkey, by two „Rapid Border Interventions“ at the Evros border river and in the Aegean Sea. At the beginning of April, the governments involved also suspended the „Malta deal“ for sea rescue in the central Mediterranean. Rescued persons are no longer being redistributed to the states willing to receive them; this affects a total of 731 refugees, most of whom were supposed to come to Germany. Malta and Italy completely closed their ports to private rescue vessels a little later, only with much public pressure could 150 rescued persons from the German ship „Alan Kurdi“ disembark in Malta in mid-April, most of the others were brought back by the Libyan coast guard – even from waters for which Malta is responsible. „Corona and the situation of refugees in Germany“ weiterlesen