Almost 10 years after ignoring the victory of the ‘sleepnet’ (dragnet) referendum, the Dutch government is again expanding the surveillance powers of the secret intelligence agency.
Despite the resounding ‘NO’ in the referendum, the contested ‘dragnet’, or mass surveillance of online traffic, was enacted into law, albeit with extended safeguards. The current law proposal combines several laws governing the intelligence agency and expands these surveillance powers while weakening existing safeguards.
Bits of Freedom has been campaigning on this topic for years and clearly laid out some of the main dangers of the proposal. Some of the highlights:
- AI and ‘automation’: the proposal leans heavily on the purposefully broad term of automation, so it covers AI and algorithms, including massive amounts of data of people who are not suspected or under investigation. The main safeguard, a ‘reliability check’, covers only the tool, not how it is used or whether it should be used.
- Widening of the ‘dragnet’: surveillance operations no longer have to be ‘as targeted as possible’, exploratory cable interception is further facilitated, and irrelevant data is no longer filtered out.
- Function creep: expansion of goals to which end the secret intelligence agency can surveil internet traffic. It will even become possible to hack into a system and secure access without cause, but with the possibility that it might become useful in the future. In other words: the AIVD will be able to pre-emptively hack systems.
- Breaking down oversight: the new oversight board is about 30%(!!) smaller, has fewer powers, and the minister can now appeal unfavourable rulings.
- Hacking bonanza: only the taking of data through hacking is subject to prior approval; the breaking in and securing access does not require any oversight.
These expanded powers threaten everyone, as well as the rule-of-law principles themselves. Those most harmed, both directly and indirectly through fear and the chilling effect of these measures, will be activists and people of colour. Those most criminalised and fighting against the status quo will be the first ones the state turns against.
The proposed law is still under consideration and is now in ‘internet consultation’, which means that anyone (yes, also you!) can submit their opinion on the proposal. The Racism and Technology Centre will also submit, explicitly supporting Bits of Freedom’s extensive critique and breakdown of the law. If you want to also submit something yourself, the process is straightforward:
- You can submit an opinion here: internetconsultatie.nl/wbnv/reageren.
- Deadline is 11 October.
- A submission can be as simple as stating explicit support for another submission (If it isn’t already clear enough, we highly recommend supporting Bits of Freedom’s submission!)
See: De nieuwe inlichtingenwet gaat verder dan ver at Bits of Freedom.
Image by Elise Racine & The Bigger Picture / Web of Influence I / Licenced by CC-BY 4.0.