The current Law on the intelligence and security services (Wiv) dates from 1987 and was in 2002 the last updated. In the law what the Dutch secret services, the General Intelligence and Security service (AIVD) and the Military Intelligence and Security service (MIVD), may or may not do and who is monitoring.
The impetus for a new Isp was in 2013. The government-appointed commission Dessens then decided that the time was ripe for the AIVD and the MIVD to new powers to get, in order to respond to new threats from terrorists and other enemies of the state.
Eventually became the law in april of this year by ministers Hennis (Defence) and Plasterk (Home Affairs) presented, and at the end of October to the Second Room sent.
What’s new?
The main novelty is that the AIVD and the MIVD, now not only unfocused satellietverkeer may bleed, but also traffic through cables sent. There is a almost all traffic is under, even traffic from and to mobile devices. Which act as the wired because the traffic from the cell tower via fiber optic cables.
It would be under the new proposal, for example, be possible to all communication between the Netherlands and another country to drain, or to local traffic via a specific app on to catch. Also, communication in, for example, certain games or the privéberichtenfuncties of various social media drained.
That change the cabinet wants to implement, at the insistence of the intelligence services, because almost all internet traffic through cables runs. By the draining of wired traffic, they hope to get a better grip on the communications between terrorists.
Also, there are passages incorporated in the law that regulate how the exchange of information with foreign intelligence services should look like. So is it possible that, for example, the AIVD is a set of data shares with a foreign service without the dataset first by the AIVD itself is analyzed.
Commission
to prevent the intelligence services on a large scale innocent civilians going to bleed, must be a special commission in the life called. That evaluation committee Commitment Powers (TIB) consists of at least three persons, including two judges, and, for example, a cybersecurityspecialist.
Before an intelligence service in a trawl off, the TIB to determine whether that is acceptable. Also for individual wiretaps, and hacking of computers, the commission must give their consent. Limitations of the trawl should be especially of the TIB.
Also is the role of the supervisory Committee on the Intelligence and Security services (CTIVD), which is now all in retrospect oversees the intelligence services, strengthened. The organization will also be binding judge may comment on the performance of the services. Now, the CTIVD is still an advisory role.
Criticism
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.
The Council of State (RvS), is of the opinion that the law in this form is not for the Room I guess. In an advice to the government writes the highest rechtsorgaan of the Netherlands that the toezichtsstelsel of the law fails.
The Stainless steel will find that the evaluation committee from the proposal shall be deleted, and that instead, a stronger CTIVD would have had to arise.
Too long
Also, the Council felt that data to be stored for a long time. The government wants to data collected three years can keep it, but that is according to the advisers is not proportional.
However, the Council felt that the necessity of new powers for the intelligence services is provided with sufficient argumentation. The undirected interception of communication is in principle not in conflict with the human rights, writes the Board, as the guarantee and supervision but are arranged properly.
Also privacyvoorvechters find the new Iph go too far. Privacyorganisatie Bits of Freedom believes that the privacy of innocent Dutch people are not the dupe may be. Privacy First, another group, called the law an infringement on the privacy of every Citizen.
What now?
The law now is to the Second Chamber for further treatment. It is still unclear whether there is a Kamermeerderheid for the proposal.
The liberal democrats spoke rather enthusiastically about the wetsvernieuwing and is also possible with the PVV support. Other parties, including the PvdA and D66, support in principle a review of the Wiv but have concerns about the protection of privacy in the proposal. D66 Mp Kees Verhoeven wants, therefore experts in the Second Room.
Because of the complex and the controversial content of the proposal, it seems unlikely that the treatment for the elections can be completed.
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