Tag Archives: Netherlands

Dutch Data Retention Law Struck Down

Good news on privacy protection for once: after an 11 March 2015 ruling of the Court of The Hague in the Netherlands in the case of the Privacy First Foundation c.s. versus The Netherlands, the court decided to strike down the Dutch data retention law. The law required telecommunication providers and ISPs to store communication and location data from everyone in the Netherlands for a year. The court based its decision on the reasoning that a major privacy infringement of this magnitude needs proper safeguards. The safeguards that were put in place were deemed insufficient by the court. There is too much room for abuse of power in the current law, which was the reason for the The Hague Court to strike it down, effective immediately.

An English article by the Dutch Bits of Freedom foundation explains it in more detail here. An unofficial translation of the court’s decision in English can be found here.

The question remains what will happen now. The law has been struck down, so it seems logical to scrap it entirely. Whether that will happen, or whether the decision stands should the Ministry of Security and Justice appeal the decision, time will tell.

The Ukrainian Veto: Why The MH17 Report Will Not Reveal The Truth

On November 26, 2014 it was revealed by the Dutch news outlet RTL Nieuws that there exists a confidentiality agreement that was signed by the Netherlands, Belgium, Australia and the Kiev regime in Ukraine that gives each of the signatories a veto on any information that comes out of the investigation.

The existence of this confidentiality agreement is confirmed by the Australian Government, more specifically by Melissa Stenfors, Acting Director of the Crisis Management & Contingency Planning Section of the Department of Foreign Affairs and Trade:

Veto_Australia_Ukraine_MH17Later, the authenticity of this letter was confirmed by the Australian Ministry of Foreign Affairs and Trade in the following statement to RTL Nieuws:

“The letter to which you refer is authentic. Australia, The Netherlands, Belgium and Ukraine have signed a non-disclosure agreement with respect to the criminal investigation into the downing of Malaysian Airlines flight MH17.

This agreement requires consensus among the parties before information regarding the investigation can be released. The non-disclosure of information is important to avoid jeopardising the investigation or prejudicing a future judicial proceeding arising from the investigation.

The Joint Investigation Team non-disclosure agreement was communicated in confidence by foreign governments, and, as a result, cannot be made public.”

(emphasis mine)

An Elsevier magazine Freedom of Information Act (Wob) request to reveal the contents of the confidentiality agreement mentioned above, along with 16 other documents concerning the investigation was denied by the Dutch cabinet.

geweigerd

Unanswered Questions

So far, the investigation into the downing of Malaysian Airlines Flight MH17 is poorly done. The Dutch Safety Board (Onderzoeksraad voor Veiligheid) published a preliminary report about MH17 on 9 September 2014. This report was unsatisfactory for many parties. Basically it only says that the damage to the front section of the fuselage and the cockpit indicates that the plane was hit by a large number of high-energy projectiles coming from outside the aircraft, and that the damage pattern does not match with any damage one would expect in case of failure of the aircraft’s engines or other systems. In any case, there are no indications of any technical or operational problems with the aircraft or its crew prior to the CVR (Cockpit Voice Recorder) and FDR (Flight Data Recorder) stopping their recordings at 13:20:03 hours.

Important questions still remain unanswered, like whether the damage was caused by an air-to-air missile (which would support the Russians’ claims of a Ukrainian fighter jet near the Malaysian airliner), or surface-to-air (which supports the Buk weapons system theory). In the case of a surface-to-air missile, it still remains to be seen who fired the weapon at the time. Satellite pictures that claim that the Buk was operated by the rebels and then transported out of eastern Ukraine into the Russian Federation are very grainy, and one cannot discern any important details, let alone confirm their authenticity. These questions have not yet been answered, let alone asked by the investigation team (at least as far as we know).

The existence of the confidentiality agreement however, is very problematic. Especially if it contains, as sources seem to indicate, a veto right for all parties, including Ukraine. What if the investigation does reveal something that might point to the Ukrainians being behind the MH17 disaster? Would that ever get published? I think not, given the fact that they have a veto. Basically, the way this investigation was set-up, almost guarantees an outcome that will absolve the Ukrainians of any blame in the disaster. When the report does come out eventually, it will no doubt serve as new fuel on the pyre, with the West trying to blame Russia for the downing of MH17. Another reason why the investigation might be slow-going, besides the obvious difficulties in collecting all the evidence, is because the release of the final report might need to be carefully timed, released only when there’s a lull in the anti-Putin rhetoric, and this could then serve to ignite people’s anger and play on emotions to start a war with Russia. Which is a horrible thought, and I certainly do not hope things will play out this way.

But just as we have been stumbling into World War One, some of the signs are seen again nowadays. For instance, just look at the sheer level of propaganda found in the mainstream media, impervious to facts and reason. We are stumbling into another World War before we realise what happened. As the distinguished journalist John Pilger so brilliantly said during his speech at the Logan Symposium in London this month, “the most effective propaganda is not found in the Sun or on Fox News, but beneath a liberal halo.” We need to find the counter-narrative, figure out what is really going on to try and prevent this tragedy from happening.

It pains me to see how the U.S. is using Europe as its playground, themselves safely removed far away across the Atlantic Ocean, and we Europeans are allowing them to. Why should we be so subservient to a nation whose foreign policy in the past 70 years has only contributed to igniting crises and wars across the world? South America was ravaged by U.S. foreign policy, as was Vietnam, Cambodia, Laos, Afghanistan, Iraq, Syria, Pakistan, Yemen, Somalia, Cuba, and countless of other countries. Innocent citizens across the globe now have to live with the very real and daily fear of extra-judicial murder in the form of drone strikes, personally ordered and authorised by President Obama every Tuesday, extraordinary renditions (kidnapping) to “black sites” in countries like Poland and Romania where people are subject to CIA torture, as the executive summary of the Senate Select Committee on Intelligence Torture Report (PDF) recently revealed.

And the sad thing is, I’m not seeing any significant change in the US, where pundits the likes of Dick Cheney are still trumpeting torture (euphemistically called “enhanced interrogation”). When the Nazi’s were defeated after the Second World War, they were brought before the court during the Nuremberg trials, and some of the people deemed mainly responsible for the crimes against humanity and war crimes committed under Hitler’s regime were executed for their crimes. In the US, there isn’t even the slightest hint of a criminal investigation into the people responsible for the torture committed by CIA personnel and contractors, either directly or indirectly.

The Second Cold War

The coup in Ukraine was used to try and lure Russia into a second Cold War. A massive misinformation campaign was mounted in the Western press which totally ignored the real cause of the current crisis in Ukraine, namely the US putsch to oust the pro-Russian Yanukovich from power and install the pro-US Yatsenyuk. Yanukovich was democratically elected, Yastenyuk was not. On Maidan square, snipers attacked both the pro- and anti-Yanokovich protesters. The telephone conversation Victoria Nuland (Assistant Secretary of State) held with Geoffrey Pyatt (U.S. Ambassador to Ukraine) that was intercepted and posted to YouTube was blacked out from the mainstream media. This offered compelling evidence that the Ukrainian crisis was a U.S. led coup.

I have written extensively about the coup previously, explaining that NATO expansion after the Cold War ended has put Russia on edge, as they are obviously concerned about their national security. When the Soviets did a similar thing in Cuba, this led to Cuban Missile Crisis in October 1962. Why is it OK for the U.S. to respond by blockading Cuba, but when it’s Russia’s national security that is being threatened by NATO’s military bases, these legitimate concerns are hand-waved away and ignored? American exceptionalism has no place in the 21st century, or in fact, in any century.

After the referendum on the status of the Crimea, where the vast majority of the (mostly ethnic Russian) population (96.77% in fact) voted to re-join the Russian Federation, after the separation of the Crimea from Russia by Nikita Khrushchev in 1954, the Russians were immediately blamed for annexing the area. However, there were no such outcries when Kosovo declared itself independent from Serbia (without a referendum, mind you). In the case of Kosovo, it suited the Western powers, in the case of the Crimea, it did not.

The Crimea is of strategic importance to the Russians, as their Black Sea Fleet is based in the Crimean city of Sevastopol. When the Ukrainian coup started, Russia was getting increasingly concerned about whether it would be able to continue its lease of the military base, which was set to expire in 2042. Losing access to the base would be difficult, as Sevastopol’s warm water port, its natural harbour and the extensive infrastructure already in place there currently makes it one of the best-outfitted naval bases in the Black Sea. Sevastopol also allows the Russians relatively quick and easy access to the Mediterranean. The Russian Mediterranean Task Force, which is based in Sevastopol, was previously used to remove Syrian chemical weapons and conduct anti-piracy operations near Somalia.

All I hope is that the current crisis will be resolved quickly, as the path we currently seem to be on (one almost inevitably leading to war), is a foolish endeavour, and we need to realise that talking and diplomacy will get us much further than empty threats and baseless allegations. We’ve previously seen what US interference does to countries, like in the 2003 invasion of Iraq, and the sanctions that were put in place before that. Millions of people have been displaced and killed in that conflict alone. We need to stop this madness and start the dialogue to understand and hear the valid concerns put forward. Only then can war be avoided.

Dutch Intelligence Agencies AIVD/MIVD go TEMPORA

On November 21, 2014, the Dutch Ministry of the Interior and Relations within the Realm (Ministerie van Binnenlandse Zaken en Koninkrijksrelaties), sent a message to Parliament about the — in their view — necessary changes that need to be made to the Wet op de inlichtingen- en veiligheidsdiensten (Wiv) 2002 (Intelligence and Security Act 2002). The old law (Wiv 2002), differentiates between cable-bound and non-cable-bound (as in: satellite or radio) communications, and gives the intelligence agencies different powers for each of these two cases. In general, under the old law, according to Article 27, it’s legal for the AIVD and MIVD to bulk-intercept non-cable-bound communications. It isn’t legal for them to do so for cable-bound communications (as in: internet fibre optic cables, etc.) In this latter case, of cable-bound communications, it’s only legal for them to intercept the communications of specific intelligence targets (as put forward in Articles 25 and 26). In the case of targeted surveillance, the intercepted information can come from any source.

outline_dutch_intercept_network

An outline of the new Dutch interception framework. Click for larger version. Official document in Dutch can be found here.

The Dessens Committee concluded (PDF, on pages 10 and 11) that this distinction between the various sources of the communication (cable vs non-cable) is no longer appropriate in the modern day and age, where the largest chunk of the communications in the world travel via cables. The way the cabinet wants to solve this problem is by changing the law such that the AIVD and its military sister MIVD can lawfully intercept cable-bound communications in bulk, expanding their powers significantly. So, in other words, the Dutch government is planning to go full TEMPORA (original source PDF courtesy of Edward Snowden), and basically implement what GCHQ has done in the case of Britain: bulk intercept everything that goes across the internet.

Why does this matter?

This matters because by bulk-intercepting everything that goes across the internet, the communications of people who aren’t legitimate intelligence targets get intercepted and analysed as well. By intercepting everything, no-one can have any expectation of privacy on the internet anymore, except when we all pro-actively take measures (like using strong encryption, Tor, OTR chat, VPNs, using free/open source software, etc.) to make sure that our privacy is not being surreptitiously invaded by the spooks. It is especially important to do this when there isn’t any proper democratic oversight in place, which could stop the AIVD or MIVD from breaking the law, and provide meaningful oversight and corrections to corrupting tendencies (after all, as we all know, power corrupts).

Also, the Netherlands is home to the second-largest internet exchange in the world, the Amsterdam Internet Exchange (Ams-IX), second only to the German exchange DE-CIX in Frankfurt. So a very large amount of data goes across Ams-IX’s cables, and this makes it interesting from an intelligence point of view to bulk-intercept everything that goes across it. This was previously not allowed in the Netherlands. Now, of course, if the AIVD wanted access to these bulk-intercepts, it could simply ask its sister organisation GCHQ in Britain. There is a lively market for sharing intelligence in the world. For instance, in many jurisdictions where it would be illegal for a domestic intelligence agency to spy on their own citizens, a foreign intelligence agency has no such limitations, and can then subsequently share the gained intel with the domestic intelligence agency. But now, they are building their own capacity to do this in Amsterdam on a massive scale.

In terms of intelligence targets, the AIVD currently focuses on jihadists, Islamic extremists, and due to their historical tendencies still left over from the BVD-era, left-wing activists. The BVD’s surveillance on the left-leaning portion of the Dutch population was legendary.

Legalising certain practices of intelligence agencies is something that we see more and more, which is what happens here.

Lawyer-client confidentiality routinely broken

A few weeks ago, I read on RT that MI5, MI6 and GHCQ routinely snoop on lawyers’ client communications. In the Netherlands, lawyer-client communications are routinely intercepted by police, prison administrations, and intelligence agencies. In a normal criminal case with the police or prisons doing the intercepting, this is illegal, and any intel gained isn’t supposed to end up in court documents. But in the case of intelligence agencies doing the intercepting, this is currently legal since there are no legal provisions prohibiting the Dutch intelligence community from not recording and analysing lawyer-client communications. But in a few occasions, these communications did end up in court documents. This strongly indicates that these communications are routinely intercepted and analysed. There is in fact a whole IT infrastructure in place to “exclude” these communications from the phone tap records, for instance. On this page, the Dutch Bar Association is explaining to their members how to submit their phone numbers into this system so that their conversations with their clients are (ostensibly) excluded from the taps (only the taps by Police though, the intelligence community is, as I’ve explained above, not affected by this.)

This trend is incredibly dangerous to the right to a fair trial. If one cannot honestly speak to one’s lawyer any more, where every word spoken to one’s lawyer is intercepted and analysed, suddenly the government holds all the cards, and will always be one step ahead. How can one build a defence based on that?

The Netherlands is by the way still the country with the dubious distinction of having the largest absolute number of wire-taps in the world, and that’s just gleaned from (partial) police records. We don’t even know how much the AIVD and MIVD tap, since that information is classified, and “threatens national security if released,” which in my opinion is spy-speak for: “We tap so much that you’d fall off your chair in outrage if we told you, so it’s better that we don’t.”

Instead of holding the intelligence community accountable for their actions for once, and make these practices stop at once, the government has always taken the position of legalising current practices instead, which, if you are the government minister responsible for the oversight on the intelligence community, sure is a lot easier than confronting a powerful intelligence agency, which maybe holds some dirt on you.

All of these developments are so dangerous to our way of living and any sane definition of a free and open, democratic society where government is accountable to the people that they claim to represent, that it makes me want to proclaim, as Cicero exasperatedly proclaimed in his first oration against Senator Catilina:

“O tempora! O mores!”

In the Roman case, Catilina conspired to overthrow the Republic & Senate, and Cicero was frustrated that, in spite of all the evidence presented, Catilina was still not sentenced for the coup, whereas in previous times in Roman history, Cicero noted, people have been executed based on far less evidence.

Maccari-CiceroNow we have the situation, that in spite of all the mountains of evidence we now have, thanks to Snowden, governments around the world still won’t take the prudent and necessary steps to hold the intelligence community to account. We need to take action, and start to encrypt. As soon as the vast majority of the world’s communications are encrypted using strong encryption (not the ones where the NSA “helpfully” gives NIST the special factor to use for calculations in their standardisation of a crypto algorithm, all for free), soon, blatantly collecting everything will be of no use.

Speaking Truth to Power: Integrity in the Mainstream Media

RT Front page

Yesterday I watched a public discussion (last link in Dutch) on Sargasso between Jeroen Wollaars, NOS reporter, and Arjen Kamphuis, futurist, writer, and co-founder and CTO at Gendo. During his talk at OHM2013 (titled: Futureshock), someone asked Arjen a question that went somewhat like this: “If we cannot trust the mainstream media anymore to supply us with the information we need to act as informed citizens, what is the alternative?” To which Arjen replied that, if you want to be better informed about what happens in the Western world, RT (Russia Today) is pretty good.

Now it is important to be very nuanced here. You probably shouldn’t believe the RT reporting done on stuff that is happening in Russia, as RT is, just like any media organization, selective in the information they broadcast, and probably won’t be objective when it comes to Russia, just like the Western media aren’t objective on Western subjects. But on Western issues, and informing us about all the stuff the Western governments are doing, the RT reporting is very good because unlike the Western mainstream media, the Russians dare to ask the questions that need to be asked. Questions that you won’t hear from the Western mainstream media, and the Dutch media in particular.

So many questions..Collateral Murder

Why are the people who committed war crimes and crimes against humanity in an attack helicopter during the Iraq War under the Bush Administration still allowed to walk free, whereas Chelsea Manning was sentenced to 35 years for simply exposing those very same war crimes? How come Manning was sentenced to 35 years, while Anders Breivik was sentenced to just 21? Isn’t that a bit off? A man who ruthlessly and pointlessly murdered 77 people gets less years in prison than someone who exposed the dirty laundry of the powers that be?

When exactly did Dutch Prime Minister Jan Peter Balkenende know about the contents of the Downing Street Memos? Remember, these were the memos that proved definitively that “facts were being fixed around the policy” and that Governor Bush was set in his ways on provoking a war with Saddam Hussein’s Iraq. His administration claimed that Saddam had WMDs (which was a blatant lie, even then), and they even tried to connect Saddam to Al-Qaeda.

AIVDWhere is the coverage about our own intelligence agencies, like the AIVD, MIVD etc. in relation to the revelations on PRISM? Do they have the same capabilities, do they request data on Dutch citizens from their UK and US partners? What kind of data sharing is done with these inter-agency cooperations? We know the Americans spy on Dutch citizens as well (just like they do on every person on the planet connected to the Internet or phone networks), but where are the critical questions from the media? Where are the tough talk shows and debates that really question a few high-ranking politicians about these very important issues? The Germans have at least asked these questions to their politicians.

What is the underlying reason for the massive nation-wide push for the RFID OV-chipkaart public transport ticket (at the expense of normal paper tickets), the ANPR (automatic number plate recognition) cameras above the nation’s highways (which are also used by police), or the fingerprints on the RFID chip on our passports? The government seems intent on tracking our every move.

And these are just a handful of questions the Dutch media didn’t bother to ask and issues they didn’t bother to cover.

The problem with the Dutch mainstream media

The Dutch mainstream media are unfortunately excruciatingly bad at journalism. For instance, the whole Manning case is barely on the news here, but whenever the American presidential elections draw near, the whole Dutch mainstream media press corps gets their knickers in a twist in trying to report on the American ‘elections’ in excruciating and nitty-gritty detail.

There are more important things going on in the world than reporting on an election that is principally undemocratic to begin with. After the 2000 presidential election, Governor Bush squatted the White House for 8 years, while Al Gore won the popular vote. It sure was convenient that Bush’s brother Jeb happened to be Governor of Florida when the electoral votes for that state were the deciding factor in who would win the presidency. And there’s stuff like voter suppression and gerrymandering going on in the US as well, which can influence elections quite substantially. But this fixation the Dutch media has with the US elections has always surprised me, given the fact that the coverage is almost on par with our own elections!

The Dutch media stopped asking the critical questions, and are now almost exclusively broadcasting propaganda from Washington. No questions asked, no background stories, no critical analyses, no audi alteram partem. They now mostly copy-paste the press releases from PR departments, and I really miss the critical tone. Most articles are less than 3 paragraphs long.

I will gladly watch the NOS and other Dutch media again (online, for free, not behind a paywall, and using open standards to provide streaming video) when they start being critical of the government which decides on their budget, and start speaking truth to power.

And this is the main reason why I use RT (among others) to keep me updated on the stuff our Western governments are doing. Unlike the Western mainstream media, RT is asking the questions, they currently speak truth to (Western) power. And again, nuance is important: you shouldn’t believe RT too much when it comes to Russia, just like you shouldn’t believe the Western media too much when it comes to the West. It’s both propaganda, one way or the other. The Russians are at least open and frank about where RT gets their money from; in the West they are much more indirect and subtle about these matters. It’s always best to get your news from as many sources as possible, and make your own decisions on who is more likely to tell you the truth.