FC: Spain anti-terror plans contemplate more surveillance, searches

From: Declan McCullagh (declanat_private)
Date: Thu Oct 04 2001 - 10:34:31 PDT

  • Next message: Declan McCullagh: "FC: House Judiciary committee unanimously approves "PATRIOT" act"

    	
    ********
    
    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/
    -------------------------------------------------------------------------
    



    This archive was generated by hypermail 2b30 : Thu Oct 04 2001 - 10:46:10 PDT