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Dutch Bill Seeks To Give Law Enforcement Hacking Powers

An anonymous reader writes "The Dutch government today presented a draft bill that aims to give law enforcement the power to hack into computer systems — including those located in foreign countries — to do research, gather and copy evidence or block access to certain data. Law enforcement should be allowed to block access to child pornography, read emails that contain information exchanged between criminals and also be able to place taps on communication, according to a draft bill published Thursday and signed by Ivo Opstelten, the Minister of Security and Justice. Government agents should also be able to engage in activities such as turning on a suspect's phone GPS to track their location, the bill said. Opstelten announced last October he was planning to craft this bill."

12 of 114 comments (clear)

  1. Child porn by readingaccount · · Score: 5, Informative

    Ah good - they've been paying attention and made sure to include the good ol' "child pornography" bit in the list of reasons as justification for breaking into someone else's machine. No bill can be taken seriously without that think-of-the-children element added to it.

    1. Re:Child porn by rvw · · Score: 3, Interesting

      Opstelten has had some help of Robert Mickelson, a notorious child porn producer and child rapist, who used truecrypt. His crimes caused a lot of sheeple to switch sides.

      It's not his case that caused them to switch sides. It's the way the prosecutor uses this to support his case, it's the way certain (typically conservative) media use it to feed the fear and confirmation that their customers want, and politicians go along with this trend to not loose the support of their voters.

    2. Re:Child porn by JaredOfEuropa · · Score: 4, Informative

      I think child porn ought to be the legislator's Godwin: mention it, and your bill gets shit-canned automatically.

      Incidentally, the bill goes beyond hacking into suspects' computers. It also states that suspects (not convicted criminals) can be forced to hand over encryption keys, if they are suspected of serious crimes. So in the interest of making things easier for investigators, we've done away with an important legal principle ("nemo tenetur") which states that suspects cannot be forced to aid their own prosecution. The minister thinks that this principle should be set aside for, you guessed it, suspects of terrorism or kiddie porn.

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      If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
    3. Re:Child porn by JaredOfEuropa · · Score: 4, Informative

      Actually, it does. As a suspect, you are not obliged to hand over evidence or tell the police where to find it if they ask for it, and you can not be punished for withholding this information. However, the police are authorized to obtain this evidence by other means, i.e. busting down your door and looking for it, or asking someone else who is not a suspect and thus not protected by nemo tenetur.

      There are several EU countries where this principle is interpreted narrowly (certainly the Netherlands), and the law in some cases does compel suspects to hand over documents and keys while retaining only the right to literally remain silent, but the European Human Rights Court has overturned many convictions obtained thus on appeal. Even in cases where suspects of tax evasion got fined for not handing over incriminating records (and the tax agencies over here are notorious for being allowed to do whatever the hell they please in order to get at your cash).

      --
      If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
  2. sure, if dutch officers never plan to travel. by gl4ss · · Score: 5, Interesting

    they would still be criminals in the other countries. might be troublesome if they plan to travel, while having wire fraud and computer crime charges on their heads...

    and well, they're part of the eu so that too, might be unavoidable to remain and not extradite to other eu countries.

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    world was created 5 seconds before this post as it is.
  3. Run-of-the-mill state-sponsored criminal hackers by gweihir · · Score: 4, Insightful

    Really no difference to Chinese state-sponsored hackers. For anybody else, these people are just an (advanced) persistent threat, as they will not go to jail if identified, at least not in their own country. Treat them no different than any other criminal hackers from a different country.

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    Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
  4. Re:A Green Light to all Hackers by jimshatt · · Score: 4, Insightful

    Exactly. When governments give themselves freedoms while taking the same freedoms away from their citizens, something is wrong. Unfortunately this seems to be de rigueur, lately.

  5. The defence rests its case... by Squeak · · Score: 5, Interesting

    If the hack is at such a level that they have system write access (e.g.. to place taps on communications) then the defence case has a much stronger case just by asking whether the the same channel could be use to plant evidence, whether by the law enforcement agency or by a third party.

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    This sig is a figment of your imagination.
  6. Re:For those of you not aware of dutch news by jimshatt · · Score: 3, Interesting

    Remember Americans, you might not like your two party system but are you ready for a system in which EVERYONE must be kept happy/miserable?

    Yes, I think EVERYONE slightly miserable is the better alternative, opposed to a few people happy and the rest utterly miserable. The poldermodel (sorry for teh dutch) has its merits.

  7. Re:For those of you not aware of dutch news by JaredOfEuropa · · Score: 3, Interesting

    The law might very well pass. In ordinary circumstances it would likely be shot down in the senate, who are supposed to be more or less apolitical, and normally only pass or strike proposed bills after checking if they are fair, just, in line with other laws and principles, and practical. At the moment however, the governing parties have no majority in the senate, which has opened up the floor for all sorts of political wheeling & dealing, precisely the sort of thing the senate is not supposed to do. The party leader for the Christian Democrats even said it out loud: Quid pro quo, if you want your laws passed. A statement which I think ought to get him ejected from the senate.

    So we have a law on the table. A law which goes against our civil liberties, something that many a party in the opposition is not going to like. However the issue of civil liberties, especially "digital" ones, has always been a political bargaining chip that is easily given up if it can be exchanged for something better. When this law lands in the senate, you can be sure that many parties will be interested in supporting it in exchange for something else.

    --
    If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
  8. Real reason: not enough resources by Frans+Faase · · Score: 3, Insightful

    It has been argued that one of the real reasons behind this bill is the lack of resources with the police to follow-up all the now already available means of tracking down offenders. Appearantly, it is much cheaper to use hacking tools than to do some old style research and detective work. Or at least that is the impression given by those marketing these hacking tools.

  9. Living in the Netherlands... by theM_xl · · Score: 3, Interesting

    Sadly, I have to admit he IS just that stupid.

    He's been busy trying to kill privacy while turning a dozen bureaucratic police corpses into a single grand paper mill with vast investigative powers and near-zero investigative ability. Percentage of crimes solved is historically low. Priority appears to be crimes that aren't (example: 440 man DAYS burned on a single 4Chan message of a schoolkid threatening to set his school on fire), as well as traffic violations (effectively turning the police into an extended tax collection agency).

    Sadly, he's not going anywhere until the next elections.