FC: Dutch government: All your bits are belong to us!

From: Declan McCullagh (declanat_private)
Date: Mon May 28 2001 - 17:43:00 PDT

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    The Mevis commission report:
    http://www.minjust.nl/c_actual/rapport/gegevens.pdf
    
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    Date: Sat, 26 May 2001 09:12:17 -0700 (PDT)
    From: Morlock Elloi <morlockelloiat_private>
    Subject: All your bits are belong to us
    To: cypherpunksat_private
    
    Dutch discover that once you give bits to someone, you don't own/control them:
    
    http://www.heise.de/tp/english/inhalt/te/7691/1.html
    
    
    Dutch law enforcement should get easier access to personal data stored
    by companies
    
    Jelle van Buuren   21.05.2001
    
    Police wants to screen whole groups of citizens to see if they can
    establish criminal patterns
    
    Dutch police can get easier access to personal information of clients
    stored in company's databases. All the information stored by companies
    will be available to the police, proposes the commission Mevis in a
    report launched at Monday last week. The minister of Justice said he
    would adopt the proposals in new legislation.
    
    According to the commission, lead by Professor P. Mevis, the current
    investigative powers no longer satisfy the needs of the police in the
    information society. Privacy rules are often an obstacle, as are legal
    definitions, which are not adjusted to the digital developments.
    Companies don't know what their obligations are. In many cases companies
    cooperate voluntary in providing confidential client information. But
    according to the commission Mevis, this situation is not acceptable for
    both parties.
    
    The commission therefore proposes new investigative powers for the
    police. Police officers should, without the need of a legal order, get
    the power to ask personal information like name, address, living place,
    client number, bank account, access codes, and registration plate. The
    personal information does not have to belong to suspects; the police are
    authorised to ask this kind of information for a group of persons, to
    investigate networks and communications, and floods of money or goods.
    This is called pro-active investigation: the screening by police of
    whole groups of citizens to see if they can establish criminal patterns.
    
    A whole range of companies will be forced to work with the police:
    telephone companies, Internet providers, lease companies, car rental
    companies, travelling agencies, flying companies, garages, real estate
    agencies, credit card companies, insurance companies, mortgagors,
    transport companies, banks, accountants, chemical industry, chambers of
    commerce, educational institutes, art houses, hospitals, hotels and
    jewellers.
    
    [...]
    
    **********
    
    Date: Sat, 26 May 2001 10:04:44 -0700
    To: cypherpunksat_private
    From: Tim May <tcmayat_private>
    Subject: Re: All your bits are belong to us
    
    At 9:12 AM -0700 5/26/01, Morlock Elloi wrote:
    >Dutch discover that once you give bits to someone, you don't own/control them:
    >
    >http://www.heise.de/tp/english/inhalt/te/7691/1.html
    >...
    >Dutch police can get easier access to personal information of clients
    >stored in company's databases. All the information stored by companies
    >will be available to the police, proposes the commission Mevis in a
    >report launched at Monday last week. The minister of Justice said he
    >would adopt the proposals in new legislation.
    
    But...but....but...but they have the best privacy laws in the world! 
    How can this happen?
    
    The answer, of course, is that most so-called "privacy laws" in 
    European nations (and, increasingly, in Canada, and spreading 
    southward) are in fact just statist interference in private business 
    operations while also compiling national dossiers which, as we see 
    above, are accessible to the cops, social engineers, insurance 
    companies, etc.
    
    Trusting the State to maintain privacy is ludicrous. And giving the 
    State the power to interfere with what Alice "remembers" (*) about 
    Bob is perniciously evil.
    
    (Most "data privacy laws" are essentially laws that say Alice is not 
    free to record her memories of information she obtained about Bob, 
    from Bob, or of her dealings with Bob. She is required to submit her 
    proposal to remember information to the 
    Staatsprivatiereninformationgebluck for permission to record her 
    memories. I exaggerate slightly, in that private citizens like Alice 
    are not (yet) bothered by the fascists if they wish to write down 
    their memories. But laws about data bases are in fact laws about what 
    a person may remember on his computer or in his filing cabinets.)
    
    
    >Companies don't know what their obligations are. In many cases companies
    >cooperate voluntary in providing confidential client information. But
    >according to the commission Mevis, this situation is not acceptable for
    >both parties.
    
    So much for true privacy. At least in the U.S. we still have people 
    who will demand a search warrant before opening their files to cops.
    
    (All of this is changing, though, as AOL sets up special liaison 
    offices to make the jobs of cops seeking information easier. And 
    hospitals and doctors are not required to report all sorts of medical 
    and psychiatric conditions to the Alphas in Washington. A 
    psychiatrist friend of mine was planning to get out of the field 
    because of all the new laws requiring him to report on his patients.)
    
    
    >
    >A whole range of companies will be forced to work with the police:
    >telephone companies, Internet providers, lease companies, car rental
    >companies, travelling agencies, flying companies, garages, real estate
    >agencies, credit card companies, insurance companies, mortgagors,
    >transport companies, banks, accountants, chemical industry, chambers of
    >commerce, educational institutes, art houses, hospitals, hotels and
    >jewellers.
    
    Ah, yes, the Netherlands has the best privacy laws in the world.
    
    --Tim May
    -- 
    Timothy C. May         tcmayat_private        Corralitos, California
    Political: Co-founder Cypherpunks/crypto anarchy/Cyphernomicon
    Technical: physics/soft errors/Smalltalk/Squeak/agents/games/Go
    Personal: b.1951/UCSB/Intel '74-'86/retired/investor/motorcycles/guns
    
    **********
    
    Date: Sat, 26 May 2001 10:46:01 -0700
    To: cypherpunksat_private
    From: Tim May <tcmayat_private>
    Subject: Re: All your bits are belong to us
    
    At 10:04 AM -0700 5/26/01, Tim May wrote:
    >
    >(All of this is changing, though, as AOL sets up special liaison 
    >offices to make the jobs of cops seeking information easier. And 
    >hospitals and doctors are not required to report all
    
    "are now required," not "are not required." An important 
    typographical error to correct.
    
    
    --Tim May
    -- 
    Timothy C. May         tcmayat_private        Corralitos, California
    Political: Co-founder Cypherpunks/crypto anarchy/Cyphernomicon
    Technical: physics/soft errors/Smalltalk/Squeak/agents/games/Go
    Personal: b.1951/UCSB/Intel '74-'86/retired/investor/motorcycles/guns
    
    ***********
    
    Date: Tue, 08 May 2001 14:07:24 +0200
    To: declanat_private
    From: Maurice Wessling <mauriceat_private>
    Subject: Dutch government puts Trusted Third Parties under pressure
    
    
      Dutch government puts Trusted Third Parties under pressure
    
      Jelle van Buuren   08.05.2001
    
      Intelligence agencies and police want to get access to encrypted
    messages
    
    
    
       Dutch law enforcement authorities are forcing Trusted Third Parties
    (TTP's) to use key escrow or key recovery techniques, which make it
    possible for law enforcement to decrypt encrypted messages. The law
    enforcement authorities want to get access to encrypted Internet
    messages, according to secret documents revealed by the Dutch digital
    rights movement  Bits of Freedom [0].
    
      Trusted Third Parties (TTP's) are independent organisations, which
    offer services to enhance the security and reliability of electronic
    communication. TTP's, for instance banks, accountants,
    telecommunication companies or public notaries, use cryptography to
    prove the authenticity of communication and secure the confidentiality
    of communication.
    
      The Dutch Ministries of Traffic and Waterways and Economical Affairs
    started in 1998 the national  TTP project [1] to regulate in
    co-operation with industry the founding of TTP's. In a policy paper of
    March 1999 the Ministries pointed at the need of 'lawful access' and
    announced that, if voluntary agreements on this subject were not
    possible, the government would introduce legislation that would force
    them to do so.
    
    [...]
    
    
      Links
    
      [0] http://www.bof.nl
      [1] http://www.ecp.nl/trust/ttp.html
      [2] http://www.bof.nl/tappen/KST35668.pdf
      [3] http://www.bof.nl/tappen/RapportageTWRT.pdf
      [4] http://www.bof.nl/tappen/TTPnotulenmaart2001.pdf
    
      Artikel-URL: http://www.telepolis.de/english/inhalt/te/7571/1.html
    
    
    **********
    
    
    
    
    
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