With the proposal, the cabinet wants to ensure that the AIVD and the MIVD more types of data in a misaligned fashion may bleed.
Now, the services only satellite communications undirected interception. By the large-scale draining of ‘wired’ communications – such as almost all of the internet traffic – as possible, services should the communications of terrorists better able to keep up.
for example, It is possible to see all communications between the Netherlands and another country to drain, or to local traffic via a specific app on to catch.
The proposal is controversial, because of revelations of whistleblower Edward Snowden revealed how intelligence agencies in the foreign countries dealing with the power of large-scale communication to catch. The NSA turned out enormous quantities of internet traffic of innocent citizens to process.
Monitoring
to prevent that happens in the Netherlands, the Dutch government for a special evaluation committee Commitment Powers (TIB), which consists of at least three people-including two judges and, for example, a cybersecurityspecialist.
Before an intelligence service in a trawl off, should this commission determine whether that is acceptable. Also for individual wiretaps, and hacking of computers, the commission must give their consent.
The role of the supervisory Committee on the Intelligence and Security services (CTIVD), which is now all in retrospect to oversee the services, will be strengthened. The organization will also be binding judge may comment on the performance of the services.
Council of State
Despite these safeguards, writes the Council of State, advice to the cabinet that the toezichtsstelsel of the law is lacking. The advisory body finds that the evaluation committee from the proposal shall be deleted, and that instead, a stronger CTIVD would have had to arise. “For this reason, she advises the proposal at this point not in its current form to the Room to send.”
Also, the Board that data for too long may be kept. The government wants to data collected three years can keep it, but that is according to the advisers is not proportional.
In the opinion writes the Council of State, however, that “there is a significant number of important safeguards” in the proposal, which can not be spoken of human rights violation with the law. The necessity of new powers for the intelligence services is sufficiently substantiated, the organization.
Balls
During a press conference, said minister Plasterk on Friday that he the evaluation committee despite criticism from the Council of State still in mode wants to keep, because he does not find desirable that the same supervisor in advance, as well as afterwards the intelligence tests. “You get the situation of the butcher who is his own flesh approves.”
The retention period of three years, he doesn’t want to cut it because the intelligence services are afraid that important information is lost. “The services say:” No, the time span in which, for example, terrorists – or, in the case of military actions, the opponents – their actions plans, which is longer than a year.’”
Too far
Labour party Member of parliament Jeroen Recourt says that a new aftapwet necessary, “because secret services at this time weak spots have”. He says he would like to see or adequately taken into account privacy concerns. The Member of parliament is in any case agree with the criticism of the retention period of three years.
D66 Mp Kees Verhoeven said that the establishment of an evaluation committee “promising” sounds, but he also wants the proposal to further study. He is also calling for a roundtable discussion with experts in the Second Room.
Organisation Bits of Freedom, finds the proposal “really go too far,” says spokesperson Daphne van der Kroft. “We put a border at the start of a whole large groups of innocent civilians. We should not have any innocent people in the Netherlands suffer.”
According to Van der Kroft should especially be improved, how data will be processed in investigations of terrorism. “The identity of aanslagplegers was never the issue, many perpetrators of the attacks were already known.”, she says. “We need better data exchange and investing in people.”
Treatment
It seems unlikely that the bill before the elections by the Second and First Chamber can be treated. The equally controversial Wet computercriminaliteit III, that the police would allow to the computers of suspects to hack, was already in december was sent to, but there is still not on the agenda.
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