Following the bomb attacks in London, the governments sustain in the civil rights. According to the ideas of Trrorbekämpfer future, all phone data and all movements on the Internet will be stored for years. Internet 4 Jurists.at has this to informative and interesting post by Franz Schmidbauer .
"retention" sounds like a very insignificant word. In English it sounds more innocent: "data retention". What a banal term for the transition to a totalitarian police state! International terrorism seems to reach his goal. He meets the Western democracies in their most sensitive Place - the freedom of the individual. The trends this purpose, there was always the part of certain circles. The 11th September has given them worldwide boost. The 8th July 2005 could help them finally achieve a breakthrough. May prevent the level-headed politician yet.
What is the retention at all, how does it matter? Imagine, you have to constantly walk around with a camera on the end which records all day and night. The footage is in a database only on the Camera number stored, are stored elsewhere on the camera number associated personal data. Your entire day and night life is held to understand without first identity is revealed. Who has access to that data, has access to your entire life. When a check, use your camera rewound, denial is futile. An eerie
utopia? The Internet is already a reality. The anonymity of the Internet is only apparent or relative. To understand this, it is necessary to keep the operation of the Internet in mind. Thus millions of computers in the network communicate with each other, each of which requires a unique name. To this end, each computer when it is connected to the Internet, a unique IP number. With the ever Internet-connected computers (web servers, nodes, engines, etc.), this is a fixed (static) IP number, for which only occasionally connected computers, usually a dynamic one. This is part of the pool of a provider, the near term for the duration of a browsing session is a customer. Only that access providers can therefore conclude which of his clients at any given time had the IP number.
interesting for monitoring now are the server logs on the Internet traffic of all Internet users, regardless of whether static or equipped dynamic IP address. First, it's about what the users with different IP addresses so all have made the Internet (for example, with whom they have entered the market, who has called on the pages, etc.) and then it comes to uncovering who was behind this IP addresses connected. This can all be evaluated in detail, as long as the log files are present. The spying are no limits. When did ever you out in the last three years, a phone call, send an e-mail or visited a website and then clicked on a picture, it is perfectly understandable:
Any movement on the Internet to understand
Imagine. Even if this no shady things happened: You know, after three years when you have time on the phone with whom for what reason? By chance this unknown device later in the circuit criminal activity and you will be returned as a result of some random links suspect. Oh yes, is a former suspect there also still against you, which was never cleared completely (what a dramatic reversal of the presumption of innocence in its opposite!). Well, now you prove once again that you are innocent!
Internet providers are aware of the explosive nature of the data they manage. Not only because the current legislation only one store in a very narrow context permits, but also Save money because it costs a lot, they are interested in disposing of these data. It is here but is the claim for retention. Certain circles in the EU's interest that is also what the citizens have made 3 years ago on the Internet. It will therefore introduce a suitably long data retention. Of course, such ambitions have already led to an outcry from privacy advocates. But in times like these, the data is only perceived as an obstacle in the pursuit of important interests and discredited as a criminal protection. And the basic rights for many abstract entities anyway without practical significance, unfortunately, in the legal profession who should know better. In the
Practice it is increasingly common in recent unfortunate alliances between crime fighters who argue the dangers of international terrorism, and international music and film industry, which wants to secure its economic interests. The former are targeting the communication networks of terror, the latter to the identity of file sharers, which they blame for their drop in sales. The former have political power, the latter a lot of money with which to operate massive lobbying. Both have the same problem: Although you can quite easily understand what is happening on the Internet, but the trail usually ends in an anonymous IP address. One must therefore essential to this data Come and that as long as possible. Therefore must be prevented that this data will be deleted. The delete requirement of the Act must be converted to a storage requirement for the purpose of criminal prosecution and rights.
have no more civil rights on the Internet
In people with awareness of democracy ensure that these ambitions for discomfort. The comprehensive and continuous monitoring of citizens is an essential feature of a totalitarian state. Aldous Huxley has given us out in his novel "1984" in mind. Many countries in the world have supported this objective and still do. Power lusting for more, and nothing gives more power than complete Control. Technological progress is doing his part and also allows the analysis of data sets, in which the GDR has capitulated. The western, have the basic rights and freedoms of citizens based democracies hitherto taken to protect the individual from the sprawling state power. The Internet is all this no longer apply. What interests this play, which skewed view of the Internet flows here, and perhaps how much fear of the unknown, one can only speculate about it.
demands for monitoring and improving the identifiability we encounter in the real world again and again. Surveillance cameras appear here and there in the public domain. Identification requirements for cyclists and skiers were already required occasionally. But still these populations may, despite their propensity to rule violations anonymously indulge their motion drive. It is sometimes actually the lack of identifiability serious consequences for the victims connected. On the Internet, we have long been the identification of all road users, now is the record of all movements - plus day and night, in public and private spaces. For some reason the internet to any fundamental rights are worth less than the absolute monitoring the state's claim (who has given him the?).
with factual reasons, these efforts to do nothing. Of course, any expert will appreciate that we can prevent such incidents in London and Madrid, with nothing in the world (except, perhaps, a different policy?). An improvement in education by a longer data access, must be questioned seriously. For this purpose and also now available to 3 months, unless the communication behavior of the offenders in general conclusions can be drawn. Finally, the intelligent people who understand it is to communicate secretly. And if you would monitor and evaluate all communication in the world, they just would not notice. These are not petty criminals who communicate in plain text or stupid user, the encryption, to draw the attention of the cybercops up. They are professionals!
But that does not work. It is in politics almost never about "the cause". It's mostly about some soup. The issue at stake, what interests play here, one can say. Is incomprehensible to the project. Incomprehensible if one assumes that our western, at least to some extent liberal politicians know what they are doing. But even that can be assumed in this matter as a given.
EU Commission wants three-year data retention
any case, the EU wants to control more precisely the Commission and the Council, the Internet. Under the harmless Term "retention" is to go the greatest espionage action in history on the stage. "Are maintained" to up to three years after the performances of individual proponents of all data (and often still no clear opinion is available, what data should be at all affected). The reasons for this are outrageous. This is in the fundamental rights of the admissibility of a procedure enshrined principle of proportionality violated. Actually, we think as citizens of a free country, so something is unthinkable.
Speaking of "espionage action." Of course, the proponents of the memory illusion argue that the Access to this data very strictly regulated and would could only be made on judicial permission. There is a certain tragicomedy that serve in such cases, the independent judges as the ultimate guardian of the rule of law must, although it is clear that only a fig leaf may be because he is hopeless on the material depends upon it served up by the executive . A serious review of a suspicion, in this first stage of a proceeding in which it is usually the acquisition of communications data, impossible. Apart from that, you know in Austria ever since the spy scandal that all material information in any case fail to meet its judges. So just no illusions that all data that can be misused, abused. Therefore, only deleted data good data!
EU Parliament rejected storing from
Regardless of the considerations that are now being made of the occasion in the UK, the EU has been trying for years, a general, for all member states to introduce mandatory regulations on data retention. If it were up to the will of the Commission and Council, there was a longstanding policy. In fact, the EU Parliament has pushed a stop to the retention and recently rejected on grounds of principle.
But here shows is a major cause of the misery of a united Europe. Parliament is weak and does not have the other powers belong to the standard. Council and Commission rule rather autocratic with little regard for Parliament and unmolested by the government sending them. Usually find the members of the Commission and Council not here to preach in their home country A and B take place in Brussels. So it has become possible for the politicians decide, in Brussels, regardless of their national electoral rules that are to take place only by the national parliaments more in the way of implementing laws. Political theater is played at home, just as would main course is set take place in reality, almost all the important decisions in Brussels, undisturbed by the electorate. From the secret democracy has become an oligarchy. And then the people will be placed under EU annoyance. Apart from the fact that there really are enough things that one might be annoyed, no one knows what happens in the EU. What will the people be so annoyed?
also the Regulations of the media fails here. About events in the EU is hardly reported or not at all. So is the revolutionary Parliament decision on the rejection of data retention most Austrian media had no headline value.
Thus arises the wrong impression: I am the last to deny the need for a telephone monitoring or recording of telecommunications data. But of these, for many years in each suspected case of individual decision of a court of criminal procedural means applied to the investigation of a crime to without exception, all precautionary storage of all data communication station is a long way. In this way the fundamental rights recognized in the western states of law principles of proportionality be left by far. The next thing that occurs to one is the spy-madness the former GDR. Those who call for such measures with the specious argument of the fight against terrorism, has good chances to take as a gravedigger in the history of civil liberties.
The motto must be, therefore: Defend yourselves while you can still! As history teaches, the transition goes from one state form to another sometimes very quickly.
