Date: Tue, 02 Feb 1999 09:21:50 -0800 From: Jonathan Kratter <jonathan-AT-kratter.com> Subject: Re: Welcome to new listeners Hey Andy... I think there's two typos in the article... Enfopol is spelled GESTAPO, and European Union is spelled REICH. just a few helpful suggestions... jonathan At 01:16 PM 2/2/99 +0000, Andy wrote: >Did anyone else catch this in the Irish Times? > > >ENFOPOL 98: The European Union is laying the foundation for an >agreement that will allow law enforcement officials to eavesdrop on >Internet, fax and mobile phone conversations and will force the >communications providers to foot the bill. > >The plan, known as Enfopol 98, was tabled behind closed doors by the >European Justice and Home Affairs Council in December. Its purpose is >to combat serious crime, such as drug trafficking, child abuse and >terrorism. > >But it has been criticised by the Green Party MEP, Ms Patricia >McKenna, for what she described as its "unacceptable" secrecy. "This >has not been discussed in either the European Parliament or in the >parliaments of the member countries," she said. > >What concerns MEPs is that there is no clear definition of what >constitutes a serious crime, and that law enforcement officials do not >have to obtain a court order before an interception. > >"Anybody or any company involved in any crime can be tapped," said Mr >Tony Bunyan, director of Statewatch, the London-based civil liberties >group. "It's simply at the discretion of the police officer >concerned." > >Enfopol will enable police to track and record email and mobile phone >calls across international boundaries through real-time remote access >points or backdoors. > >For instance, Internet service providers must provide police forces >with access to their computer systems so that they can track email >traffic. > >The agreement also includes a memorandum of understanding between >Europe, the US, Canada, Australia, New Zealand and Norway. So law >enforcement officials from any of these states can eavesdrop on each >other's citizens. > >In a parliamentary question time earlier this month, Ms McKenna asked >the Justice Commission to debate the matter openly before agreeing to >measures that will have such a widespread impact on the privacy of EU >citizens. > >"I also asked the Commission what exact legal redress is available to >citizens should they wish to challenge these rules," said Ms McKenna. >"But I did not get an answer." > >Enfopol is similar to the controversial US wire-tap legislation known >as the Communications Assistance for Law Enforcement Act or CALEA. >Because of its controversial nature, CALEA has been languishing on the >desk of the US Federal Communications Commission since 1994. > >The legislation, developed with the assistance of the FBI, will be >part of the EU's Draft Convention on Mutual Legal Assistance. > >Commission officials told the Parliament on January 12th that Enfopol >was simply a technical update to 1995 EU terrestrial wiretap >legislation. However, the extraordinary powers afforded by new >technology and the inclusion of nonEuropean states gives this >legislation a wider scope than any previous law. > >"We only know about this because the Enfopol 98 document was leaked to >a German Internet magazine Telepolis," said Ms McKenna. > >Under the current plan Internet service providers and the operators of >satellite based telecommunications companies such as Iridium and >Globalstar must also track targets where ever they travel. > >They must give police the target's full name, address and account >details such as credit card and personal identification numbers. > >The agreement will operate on the principle that all encrypted >messages should be capable of being broken. > >"I have no objection to the police force monitoring serious >criminals," said Mr Glyn Ford, a British Labour MEP and a member of >EU's Civil Liberties and Internal Affairs Committees. "But what is >missing here is accountability, clear guidelines as to who they can >listen to and in what circumstances these laws apply." > >At present police are required to obtain permission in each country >they wish to monitor and are therefore accountable to the local >judicial system. > >"I don't think there is anybody in England or Ireland who could not >think of several cases where the police abused their power," said Mr >Bunyan. > > > + Copyright: The Irish Times Contact: >itwired-AT-irish-times.com >>AS > > > > --!-- jonathan --!-- jonathan-AT-kratter.com http://www.kratter.com
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