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EU Moves Forward with Data Retention

KokoBonobo writes " euobserver.com reports on controversial proposals to require EU service operators to retain data about telephone calls and e-mails as part of an overall fight against crime and terrorism. The retained data would not only consist of logs, but of entire conversations and contents of the e-mails and SMS messages. This document from the European Commission's Information Society goes into further detail."

26 of 325 comments (clear)

  1. Tools by Apathetic1 · · Score: 4, Insightful

    Well, if anything is going to drive people to personal encryption, this type of brain-damaged legislation will be it.

    --

    My username does not make me Apathetic. It's irony, get it?

    1. Re:Tools by casuist99 · · Score: 4, Insightful

      Judging by your username (Apathetic), I would think you'd realize the one fundamental fact about the public (in general): We're apathetic about things we SHOULD care about.

      We can shout at people that the government can read our email and chat logs, but very few people will make the move to encryption. People are apathetic and lazy - unless encrypted email and chat is enabled BY DEFAULT in the next version of email and chat programs, people won't do it.

    2. Re:Tools by Apathetic1 · · Score: 2, Insightful

      If the only people using encryption are the people with something to hide I'm not seeing any advantage to a law like this. It's frightening to think that legislators might be that out of touch with reality.

      I have no problem giving up a little bit of personal freedom for a genuine increase in safety (e.g. drunk driving laws, fire regulations) but trading freedom for the illusion of safety provided by airport spot checks and the like just doesn't fly with me (so to speak).

      --

      My username does not make me Apathetic. It's irony, get it?

    3. Re:Tools by plague3106 · · Score: 2, Insightful

      have no problem giving up a little bit of personal freedom for a genuine increase in safety (e.g. drunk driving laws, fire regulations) but trading freedom for the illusion of safety provided by airport spot checks and the like just doesn't fly with me (so to speak).

      I'm always curious about this. You say that 'drunk driving' laws are a necessary encroachment on freedom. What specific laws are you talking about? The checkpoints, taking away licenses?

      If you support checkpoints, I have to ask you..why do we even need a seperate law for drunk driving? Should someone be killed by a drunk driver, couldn't we keep that under existing laws? Murder 2 perhaps?

      Same with laws stating that its illegal to shout fire if there's really no fire. Why are we restricting speech, when there are other alternatives, such as making the one who shouted fire pay for the expense of bringing emergency officals out, liable to be sued by someone who lost their house from a real fire b/c the fire trucks were at the wrong place, and something like muder 2 to cover anyone that died?

      Those seem much more reasonable to me then taking away freedoms. I have a serious problem with the notion of punishing someone b/c something bad MIGHT have happened due to their behavior. Seems like you can say just about anything MIGHT hurt someone, then ban it.

    4. Re:Tools by plague3106 · · Score: 2, Insightful

      Letting police have the power to search anyone's home at anytime may stop alot of crimes too, but do you think we should really be doing that?

      You can argue that just about any action MIGHT harm someone else and now, according to your logic, that thing should be banned. Where do you draw the line?

      People die, whether from drunk drivers or heart attacks. Someone that kills another from drunk driving won't be on the street again anytime soon if convicted of a murder charge.

  2. Rules are made to be broken... VOIP loophole? by buro9 · · Score: 4, Insightful

    It seems that with the rapid pace of new technology and the slow pace of legislation, that this will be largely ineffective.

    Already it's easy to see how existing technologies could be used to effortlessly circumvent the proposals.

    "Telephone calls", does this cover Skype? Does it cover VOIP in general which is just data passing over the network and could always be wrappered, encrypted, or routed via several points (to ensure no single intermediary could capture the whole conversation).

    It's great that our politicians can find ever increasing ways to enforce a climate of fear whilst wasting the monies that could help alleviate problems fced by the citizens that they represent.

    Damn! Now I've posted what do I do with these mod points!?

    1. Re:Rules are made to be broken... VOIP loophole? by nayigeta · · Score: 2, Insightful
      Already it's easy to see how existing technologies could be used to effortlessly circumvent the proposals.

      The tricky thing is.. while such legislation is targeted at big crimelords and terrorists, it is more likely that the data will instead be used against the civilians with petty crimes. I am not saying that the petty criminals don't deserve it though.

      --
      Sunset over the lake, cool mist over the bridge; A leave upon the ripples, the snow reflects its glow.
    2. Re:Rules are made to be broken... VOIP loophole? by nayigeta · · Score: 3, Insightful

      Yucks! Click submit instead of preview. *yawn*

      Anyway, my key point to the quote is - circumvention is an act of having something to hide. And if one has something to hide, chances are, whatever one is hiding is likely to be more valuable information.

      You see, there are people that lives thinking they have nothing to hide, so they do not see any need to circumvent. And these are the group of people that will be unfortunate target of this legislation if they unwittedly performed petty criminal act.

      So, the tricky thing is.. while such legislation is targeted at big crimelords and terrorists, it is more likely that the data will instead be used against those who commit petty crimes. I am not saying that these petty criminals don't deserve it though.

      I rather have my privacy respected, than encrypted.

      --
      Sunset over the lake, cool mist over the bridge; A leave upon the ripples, the snow reflects its glow.
  3. So much for European data privacy by IO+ERROR · · Score: 3, Insightful
    From the article:

    This decision, which passed quickly through Council, was prompted by the recent case of the serial killer Michel Fourniret who was able to carry out his crimes for years by exploiting the poor communication between French and Belgian authorities.

    Now I know the Belgians can speak French. If they can't communicate properly, this data retention law isn't going to help at all. What would help is for the various member states to get their act together and start working together more closely on international crimes.

    --
    How am I supposed to fit a pithy, relevant quote into 120 characters?
  4. my own direct experience on this topic by tuxette · · Score: 5, Insightful
    I participated in an open hearing (in Norwegian only, sorry) on this very topic last year in Oslo. Participants included representatives from telecom companies, top IT companies, government agencies, interest groups, etc. While there was sympathy for the need to fight terrorism, nobody was in favor of long-term storage of traffic data. The reasons varied, all from privacy concerns to costs to contractual expectations. Nobody was able to see how this long-term data storage would be useful for fighting terrorism. Yes, they understood the alleged theories, but were able to slam these theories with real world examples.

    The one representative who was supposed to speak in favor of it never showed up (remember Inger Marie Sunde?), nor did she send a replacement. Now what kind of message does that send? It gives the impression of "the majority doesn't care for long-term storage of traffic data, but we don't care what the majority thinks. We're going to impose our way on you whether you like it or not."

    --
    People say I'm crazy, I got diamonds on the soles of my shoes...
    1. Re:my own direct experience on this topic by 16K+Ram+Pack · · Score: 2, Insightful
      It gives the impression of "the majority doesn't care for long-term storage of traffic data, but we don't care what the majority thinks. We're going to impose our way on you whether you like it or not."

      You are not "the majority", nor are the majority of people on /. "The Majority" are shit scared of all sorts of things that governments and media have whipped up stories about. A lot of them aren't on the internet and couldn't care less about your rights, as long as they can still sit in front of the football with a beer and aren't going to get bombed by evil terrorists.

  5. I find it all quite amusing really.... by B747SP · · Score: 4, Insightful
    IIRC, this isn't the first time someone senior and clueless got it in their heads that it would be a great idea to just store everything that ever passes across a given network. They tend to go really quiet right after someone sits them down in a quiet room and spells out a few of the 'practical' details of what they think they're going to do...

    "You mean we're gonna need how much disk space exactly?". "We're gonna have to invade which small nation just to get enough physical space to store all this stuff?".

    Worry not, it will blow over soon enough :-)

    --
    I find your ideas intriguing and I wish to subscribe to your newsletter.
  6. Re:This is new.... by Anonymous Coward · · Score: 3, Insightful

    Hrmf. WTF are you even talking about? Something like this tried in the USA would result in a ton of out-of-work Congress folks. The EU, on the other hand, has already proven that it will vote however it wants, regardless of how the actual people in the member countries feel about things (the patent issue). That's what you get for being represented in the EU by appointees. That's also what you get for believing in the compete-with-the-US propaganda that got you the EU in the first place.

    Instead of storing all that data, the EU should just ask the CIA for the data nicely. :P

  7. countries looking? by Anonymous Coward · · Score: 1, Insightful

    That is so cute. I can picture a nice little country peering at charts over a nice pair of granny glasses.

    Seriously, get with it. The political leaders of countries wanting to join are all sold the to idea, who in those countries gets to say otherwise?

    The case of the Ukraine is a great example.
    The democratic movement there is about as convincing as the weapons of mass desctuction lies.

  8. Re:EU 1984? by AndreySeven · · Score: 2, Insightful

    The EU is getting to be a huge economic power, and one of the appeals is having a common single market. The EU has the largest economy in the world right now, so not joining may hurt a country.

    --
    University of Washington

    Student

  9. What's next? by littleRedFriend · · Score: 2, Insightful

    The government will install a high resolution 24/7 webcam in your bedroom, feed all the footage over the internet and store it for ever? Just to make sure that nothing is said there that could be connected to criminal or terrosist activity. Anyway if your a good, well behaved, citizen you have nothing to worry about because you have nothing to hide, right? In my opinion we're all being held hostage by criminals and terrorist.

    As well, history has repeatedly shown that it is just a very small step from storing personal information to abusing it to repress the masses. Maybe good intentions, but very dumb dumb people.

    Those that are willing to trade freedom for security, will get none and deserve neither !

    --
    IANAL, but imagine a beowulf cluster of in Soviet Russia all your belong are base to us welcoming the new SCO overlords.
  10. smells of 80's eastern europe by dresseduptoday · · Score: 2, Insightful

    When I grew up, in the 70s and 80's, the eastern European countries were scorned for their obvious distrust in its own people, since copies were kept of phone conversations and letters. Still we're horrified by the vast archives of Stasi, Securitate and similar organisations. Yet, what we're about to introduce goes so much further. Is it only because it's so easy to do with electronic information that it feels OK to do so? I have a feeling that it would not be appreciated to suggest a legislation to make copies of all snail mail and store for use in fight against crime and terrorism. _ /Bjorn.

  11. Re:This is new.... by TheRealSync · · Score: 2, Insightful
    That's also what you get for believing in the compete-with-the-US propaganda that got you the EU in the first place.
    Well now, there are quite a lot of other reasons for getting the EU - actually the main reason for starting this in the first place, is to prevent future wars.

    European countries have been fighting each other for as long as anyone can recall - making the countries depend on each other for sales purposes is a stroke of genius; most wars are about money/power, but nobody as lobbying for war agains a country which is a big customer of whatever product you might be selling.
    --
    -- A good compromise leaves everyone mad. --Calvin and Hobbes
  12. A Subject by Anonymous Coward · · Score: 4, Insightful

    95% of the terrorism I read about lately are the paranoid laws by the (uber)governments of the world on it's own citizens.

  13. Re:Even Encryption won't help in the UK by Richard_at_work · · Score: 2, Insightful

    Unfortunately, with several recent laws that presumption of innocence is being deminished. Hell, Labour is even trying to take away our right to a trial by jury, and so far its made it possible to jail foreign terrorist suspects without trial, allow the prosecution to present evidence to the Judge without making that evidence available to the defence or defendant. These are jsut a few of the really bad laws recently passed.

  14. Re:EU 1984? by killbill! · · Score: 4, Insightful
    The EU is about as democratic as the former Soviet Union. The European Parliament is almost powerless, and the national governments are almost powerless against new European legislation.

    I have a newsflash for you. You are a victim of the old trick that has been repeatedly used by national politicians to pass necessary, but painful reforms: "the EU made me do it". What they don't tell you is that they made the EU make them do it.

    The so-called "democratic deficit" in the EU is a myth. The EU executive is currently shared between the European Commission and the European Council.
    The Council is made of all of the elected national heads of government, or the appropriate ministers (depending on the issue).
    As for the Commission, it is appointed by the heads of government, which is hardly less democratic than, for instance, the (directly elected) French President appointing a Prime Minister from the majority party in the Parliament. Moreover, just as a national government, the European Commission has to be approved by the Parliament. Remember how Mr Santer was forced to resign, or how Mr Barroso was forced to remove contested Commissioners because he'd have failed the confidence vote otherwise?

    If you remember the EU software patent debacle, the non-democratic decision (i.e. not giving a flying f#ck about the EU Parliament) was made by the European Council, i.e. the government of the member states that the EU citizens themselves elected!

    It is high time the disinformation stopped. While I would welcome a major increase in the Parliament's powers, the EU executive is definitely held accountable. The current situation is not a "democratic deficit", but rather excessive powers in the hand of national heads of state.

    By the way, I'd trust the Commission much more than my own national government... Give me a Prodi over a Chirac or a Berlusconi any day.
  15. Re:Tools - But Even Then... by jonwil · · Score: 3, Insightful

    The right way to treat encryption is the same way they treat safes and lockboxes.

    If the police are searching your house (with a warrant) and they find a safe, there are rules about when they can and cant force you to open that safe.

    The same rules should apply to any ecrypted information they find.
    For example, if they have an encrypted email or file, the same rules should apply as apply to them finding a safe in your house.

    As for this new data retention crap, are the cops going to pay for the huge servers and disks required to hold all this information? And the people to keep everything going?

  16. Is anyone else tired of that Buzz word.. by dBLiSS · · Score: 2, Insightful

    Terrorism has lost all meaning to me now, it's unfortunate that such an awful thing has turned into nothing more then a Buzz word and an excuse for governments to spy on their own people. Everyday I hear about fighting terrorism, and people losing their privacy and rights, I feel like its getting closer and closer to 1984. If people weren't so misguidied in their fear of terrorism then the governments wouldn't have the excuses to enact these laws. Terror kills only a percentage of a percentage of what smoking does, or heart disease or AIDS. Why not take most of the money being spent on fighting terrorism and put it to use fight the REAL killers of the world population, because everyone knows, no matter how much money you through at it humans will still kill humans.

    My 2 cent rant.

    --

    The Good Life
  17. Re:Tools - But Even Then... by kraut · · Score: 4, Insightful

    Yes, in the UK, under the RIP act, you can be sentenced to moderate jail time for not giving up your key. This is supposed to stop terrorists, child molesters and drug smugglers from using encryption.

    Of course, any drug-smuggling terrorists with a penchant for child-molesting will immediately surrender the keys to incriminating information. Why would he take up to three years vacation at her Majesty's pleasure for encryption, when he could easily get 18-25 or even life for his real offences?

    It's because of well thought out, useful laws like this that crime is virtually unheard of on our sunny islands! Thank you New Labour!

    --
    no taxation without representation!
  18. Re:Tools - But Even Then... by Tony+Hoyle · · Score: 2, Insightful

    Terrorism has *always* existed. It's not any worse now than 10 years ago.... I used to have the odd afternoon off school due to bomb scares (99.9% of terrorism is the fear of it not the actual action. The closest I got was when the IRA decided to do a demolition job on the local city centre on a Saturday afternoon.. I was about half a mile away.. spent the afternoon quaffing beer on the exclusion perimiter and watching helicopters/police with guns surrounding the place).

    There is a witchhunt - basically anyone who wants 'rights' risks being thrown in jail without and representation or right to a trial. This situation would never have been allowed a few years ago but under the 'terrorism' laws you can be arressted for anything they decide to dream up.

  19. Re:Tools - But Even Then... by Jeppe+Salvesen · · Score: 2, Insightful

    Sure. Terrorism is real. But we are reacting in irrational ways. The ways we react do in fact only make the most sense if either we're ruled by incompetent asshats that are out of touch with reality, or the asshats that rule us have a different agenda they don't disclose.

    --

    Stop the brainwash