******** Date: Thu, 04 Oct 2001 15:08:46 +0200 To: "declanat_private" <declanat_private> From: Jose M Guardia <josegat_private> Subject: SPAIN Declan, The current wave of Governments seeking limits on civil liberties in order to fight terrorism is sweeping overseas, too. According to several newspapers today, Spain's government is contemplating new legislation that would allow Intelligence Services to snoop on communications by individuals -both digital and analog- and to search homes without a previous court order, for a limited time and in cases of terrorism only. This possibility would be allowed in urgent cases only and would require the intelligence services to submit the action for approval, immediately afterwards, to a Supreme court justice specially appointed for this. This is not only a reflect of the new concerns by all the Western world after Sept 11 terrorist attacks in NY and Washington; it also has to be understood in the internal context of the fight against ETA, the Basque terrorist group with a death toll of almost 900 people since it surfaced in the beginning of the sixties. This new snooping and searching powers are a part of a new law revamping Spain's secret services, which would transform the former military-controlled CESID into a modern, fully civilian National Intelligence Center. In this aspect, it is an initiative most welcome by most of Spain's political parties; particularly because the controversial CESID, even with the advent of democracy in the mid-70s after General Franco's 40-year dictatorship, was accused of secretly exceeding its powers, creating secret files full of information on several of public personalities, even regularly recording cell phone conversations by personalities as king Juan Carlos I himself. The legislation, however, won't be in effect, even if approved by the government presided by conservative Jose Maria Aznar as the current project is, until it asses in Spanish parliament. Aznar's Popular Party hold the absolute majority in seats there, although the reports indicate he apparently is willing to reach consensus with the other parties, as he has normally done in these sensitive matters. However, the Socialist Party -the main one in the opposition- has consistently backed all anti-terrorist measures by Aznar's government, since both parties have been the most struck by ETA in the last few years. Still, it is unknown what will be the Socialist party -and in general, the public opinion- reaction to such proposal directly affecting the civil liberties. Like in the US now, in Spain there's always been a consistent and relevant number of citizens thinking that police (or secret service) should do whatever it takes in order to fight terror. But there are precedents of the effects of an adverse public opinion: a few years ago, the Socialist Party, then in power, had to withdraw a law allowing police to break into suspected terrorist homes without judge's permission, because of public's pressure. Just you might be interested in this. Best regards, Jose *************************************************** Jose M Guardia Internet, Media & Technology Analyst Barcelona, Spain Ph. (++34) 629-74-26-24 E-mail: josegat_private www.guardiasociados.com *************************************************** ------------------------------------------------------------------------- POLITECH -- Declan McCullagh's politics and technology mailing list You may redistribute this message freely if you include this notice. Declan McCullagh's photographs are at http://www.mccullagh.org/ To subscribe to Politech: http://www.politechbot.com/info/subscribe.html This message is archived at http://www.politechbot.com/ -------------------------------------------------------------------------
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