Michael Bracey
Press reactions Austria:
Supreme Court judges are sounding the alarm - Salzburger Nachrichten
Big Brother surfs the Internet - Kleine Zeitung
more clarity in data storage - Wiener Zeitung
reactions to the topic in Germany:
retention for the Press freedom catastrophic
stock data: the largest constitutional complaint ever
Directive on data retention has already decided on 14.12.2005 in the European Parliament with a clear majority. Many today do not have been there, have agreed. From Austria, all Member for excluding the Green Party, a pro voice was, among other things, the current Justice Minister Maria Berger. Closed hand, was seen only in Europe, the European Left Party.
What governs the policy specifically
It's just a question said that in future all the connection data of modern means of communication internet, e-mail, telephony and SMS within the European Union preventive be captured and stored, and in case of suspicion are disclose an offense to the investigating authorities.
responsible for storing the "Provider" or the telecommunications provider, details of which can of course swap obligations in compliance with data protection and other provisions, but are liable for the proper collection and provision.
How would you describe the
Imagine you are sitting, with twenty people in a lecture hall, most will have a cell phone plugged in when hopefully to "silent" switch.
Nevertheless a bearing at any time, which means you can put the assembled people in a relationship with each other. Whether this was a random encounter or a conspiratorial meeting, is of secondary importance. The fact that so was A mobile phone in close proximity to mobile phone B will now be saved, even if no communication has taken place between the devices.
ie basically that one should be careful in the future, from whom you for example to set in a guest house - if they are terrorists, criminals or other business (maybe later) act suspects, must you may be months after that to understand why they were in contact with these people.
It also traces all the actual phone connections, so all calls, but also the attempted calls, sending and receiving text messages or other comparable services. And multimedia applications fall under the memory requirement. Anyone who watches TV via mobile phone, send pictures, play lottery, pay a parking ticket or, as now even possible to buy a ticket at the Federal Railroad is registered.
The reference to Internet use is given at this stage, every telephone call that is routed via the network, must be saved in libraries, free Grant access to the WWW. In particular, the boundary between "normal" use and "communication" to practically pull too hard and do not control.
Each case of Internet use should be clearly traceable to the long-term-use person, regardless of what the reason for the use was, there are no exceptions for scientific research, education or the like.
This call data were recorded, of course, also in advance for a certain time when it comes to paying services, was to ensure proper enforcement of the regulations and a reasonable warranty period for the customer.
then data had to be deleted but the time limits for this were previously in favor (Europe) is completely mixed.
The implementation of the Directive in Austria
Directive - here in Full Text - bears the name:
"Directive 2006/24/EC of the European Parliament and the Council of 15 Enforced March 2006 on the retention of data related with the provision of publicly available electronic communications services or of public communications networks or processed. "
have now different colloquial names for mainly just the concept of data retention directive, but also as a spy Directive, it is known.
is worth noting that the policy is actually divided into two parts, in telephone and Internet sectors. The former should already be in place for the second still remains a certain amount of time to accept is that by the end of next year, ie 2008, both will gain at the national level, the force of law. At European level this is already the case.
The background for this (apparently) excessive measures is partly due to the increase in acts that are committed using the Internet and on the other hand, the fact that by the expanded investigative powers hopes to prevent acts of terrorism and serious crime in the future or easier to explain.
One of the final spark for the policy were, including the serious attacks on public transport in London in 2005.
planned but it was already much longer.
The Member States had in the interpretation at the national level maneuver, such as the duration of data storage concerns and for which (potential) actions one released to the investigating authorities is mandatory. In Austria, after the date this bill, all telephone data of six months must be saved. This These permits are the lower limit of the policy.
first show the next few years, the impact on individuals and public bodies and companies will also occur in practice. The fact is however, already clear that Internet use will never be the same as one would imagine today. Because in reality it has never been anonymous use anyway, even though many people still believe.
too many "shared responsibility" that were included in the development of the directive was, in advance, so when a bill was present in Austria, surprised by the problems encountered and resistance.
one hand diving to technical and organizational issues, but above all is an even more difficult to estimate costs to the institutions concerned Avalanche, would shift the logically everyone.
The telecommunications companies and providers hope to pass on any additional burdens on "the state", the difference for the people should pay to be limited, the public, either through higher prices for the use of communications or the tax burden .
Estimates of the amount of the charges are very different and hardly serious to quantify, but Europe certainly astronomical. The Association of German Internet Industry estimates eco her alone for Germany to 205 million euros. are given according to eco-going costs for depreciation and operating the monitoring systems of at least 50 million € per year, for example, to see the Heise News Ticker from 09/18/2007
addition, there are many unanswered questions that show now that long-term give more tightening "must" if the whole thing should make sense. It is unclear, among other things:
- as it should be possible to efficiently make these vast amounts of data to identify a potential offender
- how to deal with prepaid phones
- what with anonymous to Internet access concretely happen
- but above all, why take preventive effect all citizens of the European Union monitors, but as a user of a mobile phone which is registered in Oman and is sitting in Paris at a cafe, completely unmolested by a second could call the person standing in Trafalgar Square and uses a cell phone registered in Mexico.
also has already repeatedly shown that the "best" monitor is useless if the staff or the know-how "it does not exist, the data collected to evaluate, which runs from 09-11 up to many from the other media outlets Did.
is clear but of course, that the Internet and all other forms of modern communication heavily by organized crime and terrorist fanatics are used and infiltrated and follow the police and other investigating authorities here in order not entirely to fall into the background.
It must not be a Illuminat and certainly not a friend of the Bush Administration or the hard line of the German Interior Minister Wolfgang Schäuble, to see that in the context of the Internet much brewing. And although many sites:
- you see people such as the intelligence director of the energy departments of the U.S. government Rolf Mowatt-Larssen, acts and speaks constantly he just came back from the holding of an exorcism and the devil is no longer painted on the wall must, because he has certainly seen and noted in its report bluntly how much is "the Internet" infiltrated
- we consider just a little bit the incredible manipulation that happens daily in the WWW and in fact creates a new past
- or if you witness how openly many of the great "player" in the Internet pursue obscure interests, we may even hope that to find ways to one day as much as possible to explain all of what today consciously or unconsciously masked, altered and will be destroyed!
The monitoring, like that happened here so far very much a gray area, even now, it was always such as child pornography, on prohibited political activities or in the case of organized crime - even after a long time - perpetrators of online investigations auszuforschen.
It is therefore somewhat different from these things now only to the legalization of already existing instruments already in use.
One of the big open questions is certainly the right may be used for which specific planned or already completed these deeds collected evidence. Only if a crime with a certain penalty amount is calculated, should there be a mandatory restitution. This height is in Europe reattached completely different. Generally we speak of it but that should exist for minor offenses no way to "stock data" access.
This interpretation is however much room, also raise existing data is always greed. Furthermore there is the danger that they actually met in passing on something that will then be recycled but, above all, is an abuse to fear, for the control of access is, as shown by similar cases, are very difficult and complex. And trade data is a very lucrative business.
come to innovations such as the European arrest warrant, "which means that, even on actions that are measured in the different Member States of the European Union completely different, can lead to deliveries, and an increasing shift of some crimes from civil to criminal law , the latter is especially the case for copyright and related areas.
examples could be time, eg the IPRED 2 directive in which a shift of intellectual property rights is the civil into criminal law being considered. More on this in Heise .
Many of the large interest organizations for the protection of collective rights to do accordingly, of course, be possible that especially for their requests to access the content, data, should do so in Austria such as the Austro Mechana and the anti-piracy association. They impose even a worsening over the previously scheduled practice. What then come the second time the libraries into play as any other and is so often infringe copyright, as in the library and the entire education sector.
It should be noted that no definite statement can be made, will come when the two specific laws in force in Austria, such as the implementation is to run exactly what and who is specifically for organizational, legal and other responsible actions, but you should start to think about it massively to see who the retention of the thousands will take over data produced every day such as a university library. Even universities such as providers, as some large companies, and thus liable for complying with such laws.
Actual impact in libraries
in libraries and anywhere else where people will access the Internet enables, in particular, measures should be considered to ensure that within the set time scales at all times, even retroactive, clear Identifying a "recipient" is possible.
It should therefore be to establish who actually considered that when things on the Internet, searched or downloaded has. Where (still) anonymous surfing is apparently possible, it is long term come to an identification requirement, in Italy you have already required under the anti-terror law that (theoretically) even the smallest Internet cafes for 2 years to archive all visitor data needs.
To clarify once again but a duty to implement the Directive "only" the data connection - to save, say User A calls the web page X to clock 11.22 and stayed there for eight minutes to write - but not the content e-mail through Hotmail invites, software download etc. XY
is generally required to be a more sensitive approach to the Internet, everyone should be clear:
• that it should never let someone else work with his ID because he otherwise for any , maybe accidental or unconsciously damages could be held responsible
• that nothing stays on the Internet, but each activity can be traced long later (and is!)
• that apart from civil and / or criminal consequences things, the award is one more day without thinking about it over the Internet, and later - for example, choosing a career - could have a massive impact
• that an improper storage and logical storage of data represents a violation of law, the service, administrative and far beyond, have extensive implications.
means for network administrators, this development that the responsibilities to be clarified in their jurisdictions and to make sure that all liability issues must be clarified that should be available by the users of far-reaching commitments that include the approval for the transfer of data - and in a way that makes it unmistakably clear "we monitor here!
Already in the run should be determined within an organization, who is under what circumstances, for the storage, the "maintenance", the monitoring of the monitoring and publication of the data (to whom?) Responsible.
to fear is that in this question - as in similar matters - ignorance and naivety in the ministerial environment prevails and prevents that now - at the right time - missing requirements and necessary resources that would be needed even just organizationally to enable implementation of this Directive.
Therefore, in the worst case, once again much at the individual departments get caught, and the possibility that even a totally innocent administrator "caught" when the data is later than "important" are gone, is great.
of completeness may be noted that of course has been virtually every Internet activity could be traced, by way of digression here of the clear serene case of the Dutch royal family is mentioned, it was not satisfied with an entry in Wikipedia, and from a "Palace Address tried to correct this several times, see an article in Online Standard
Particularly alarming
all these "new" opportunities "legal espionage" but of course there where so far absolute secrecy was even required by law, as in contact with lawyers or in journalism.
can also, of course, even without any store, to own a website calling conclusions, such as when to do research about a disease or is looking for political information.
The privacy advocates are certainly now the big losers and it is feared that in the long run that way. In particular, because the awareness of the effects hardly of people's minds and the more prevalent view of "who has nothing to hide, nothing to fear."
be drawn but the recent experiences, such as in connection with the "bugging" approach, it is found that in half the cases of innocent people simply were monitored. Depending on this ratio can be interpreted as a success or massive encroachment on the fundamental rights to the Austrian law enforcement officer Gottfried Strasser: "Since the launch at the end of the 90s, there were nearly a dozen major eavesdropping. The "success rate" is 50 percent: success I rate meaning that in these cases, indictments and final sentences has come, and partly to many years of imprisonment "Please refer to the Article in the News Networld.
other words, the means, however, that half of those affected for free from the authority" were taken off, "because this could describe something exaggerated the future of Internet use, a permanent strip in front of strangers.
And that the need for most measures "court order" is to be regarded with caution, is as "cross-written" very good in the press Kurt to consider Scholz. Here is the text in the Press Online.
to say but of course it is clear here again that it is now finally better (and legal) tools to fight cyber crime are available.
may be, if indeed it even thousands of lives are saved because in future attacks, not only enlightened, but even beforehand prevented will be the voice of the "protesters" and the people who criticize the task of long-won rights, certainly quieter and hardly be heard. Weighing what matters more is (rightly) but keep on a recurring theme.
Whether it will remain possible in the future, in the states of Europe with their democratic constitutions and their Bürgerrechtscodices, libraries made simple anonymous "read" books
- if it has not been previously searched in the online catalog
- has not ordered through the Internet
- and not just online there
is the question . Little food for thought: the dream of all "E-fans" that virtually all electronic on-line should be readable, most lasting under a URL out now as a side effect to the fact that virtually everyone will know peace still interested years later, what who when has read. Metternich would be amazed at what asset libraries as assistants.)
leaves only, target only the to accept works in hand, the ink is drawn up - provided the shelves are mounted between no surveillance cameras. Every totalitarian regime knows
that libraries dangerous breeding grounds of the mind and thus are of criticism and resistance, and the first steps of such regimes are more evictions and cleansing of libraries.
In Austria, libraries always came back even more recently in the tension between legitimate protection of secrets and police investigations, such as time, referred to as "letter bomber Franz Fuchs suggestions for its chaotic effusions of borrowed books.
Small Internet breviary
- extreme caution when using the Internet. Search naïve can jeopardize your future.
- "nothing" to believe what is available on the network without turning on the common sense and always "against" to research before you hold something to be true
- The storage of data is not "invented" the state or the EU, if you have searched on Google for three years, something that will long be comprehensible. For reasons entirely opaque to store there all inquiries to 2038! After protests from privacy advocates and other organizations, especially in the United States should in future, but only 18 months are stored, who wanted to know what and when. Google can now safely be called the greatest storage of personal data in the history of mankind. And it is totally unclear what happened to it.
- Much of what we today might still seems like science fiction seeps rapidly into everyday life, see, eg, in America how to implement RFID chips under the skin of staff and staff in enterprises. To find the meantime many reports in the network eg in a Heise ,
a reliable source - also in the development of "improved employee" is working: With the help of infrared rays, the free intellectual Capacity in the brain found to give it to electromagnetic signs of relaxation more work. This is a short review: computer optimizes staff in the Wiener Zeitung
- Data retention is only a beginning, further measures are imminent to mention include the so-called federal Trojans, the smuggling of monitoring software by investigating authorities, without the relevant user noticing it, or the web censorship, which was known previously only from countries such as China and which is now challenged even more in Europe.
The connection may not be obvious is that now the restriction of freedom there works best where it has yet suggested a few years at least, almost everything happened directly or indirectly through "the Network".
has remained so well-noted as one of the greatest freedoms that have yet to imagine, easy to read books printed. And even if many still not clear: it is harder to fake an old printed book (as we have seen so many times), as a digitized.
leaves only to let the Internet do not spoil, but with the flight into parallel worlds is not really possible, because just Second Life and Co are now strictly monitored and even virtual crimes it should be traceable. If so invades your avatar in Second Life, a bank, it could be you insinuate criminal activity and are being seriously discussed whether virtual sex with a furry (for not-so Internet Studded, which are usually furry creatures that wander around on the net) falls under the sodomy laws. Learn more about this: a good overview of the law in two previous worlds rights issues in and around Second Life
have never been spied at the same time as many people as preventive measures now. Intelligence and dictatorships until recently had to use more cumbersome means, today we provide all the information from even very democratic willingly.
Some comments on data retention policy is proposed to the police now, they should but the cost of storage through facilities such as a personal reminder service recoup in which they are paid everything at your disposal, which we already forgotten again haben.So a service could help as what local you've eaten five months ago as well and with whom you actually there was ....
Finally, a pessimistic quote from the director George A. Romero, who thinks the situation of the Internet 2008: "I was always against media critical set, especially because of the danger posed by manipulation. Now prepared to work around it I'm deeply troubled when I see how my children to the Internet, it is very easy to lie and it is very easy for someone with a mistaken idea, suddenly millions of people behind them "
interview. George A. Romero: "We ourselves are the zombies!"
About the author:
Michael Bracey was for many years head librarian, is unchanged librarian and loving, an expert in the information and document procurement from all knowledge of business, researcher, provenance research, professional in economic and legal investigations, books, Hunter, a specialist in the development and all applications of the Internet, lecturer and consultant.
Michael Bracey librarian / information broker / Books hunter
mailto: bracsevits@net-traininigs.at and mailto: bracsevits@mail.com
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