[A2k] Terrorism Directive: European Parliament to Cowardly Surrender to Outrageous Security Call

La Quadrature du Net contact at laquadrature.net
Wed Sep 28 06:34:48 PDT 2016


 
	* 

Press Release 

TAGS : NET FILTERING, WEBSITE BLOCKING, SURVEILLANCE, BERNARD CAZENEUVE,
MONIKA HOHLMEIER 

La Quadrature du Net -- For immediate release 

Permanent link:
https://www.laquadrature.net/en/terrorism-directive-european-parliament-cowardly-surrender-outrageous-security-call
[1] 

TERRORISM DIRECTIVE: EUROPEAN PARLIAMENT TO COWARDLY SURRENDER TO
OUTRAGEOUS SECURITY CALL

Paris, 28 September 2016 -- For a few months, the European Parliament has
been discussing a directive aimed at updating the European legislation on
combating terrorism. After a vote in the LIBE Committee, MEPs agreed to
send the text directly to a trialogue discussion [2]; this reduces
opportunities for a democratic debate on an issue that bears strong
consequences for fundamental rights.
 Today, Wednesday 28 September, the third trialogue between the European
Parliament, the European Commission and the Council of the European Union
is to take place. Faced with the deadlock organised [3] by European
institutions, La Quadrature du Net emphasises the dangers of this text [4].


 Monika Hohlmeier, rapporteure of the text. 

The initial draft, based on a report [5] by Rachida Dati (PPE - FR) that
turned out to be a catastrophe for freedoms of speech and information, as
well as for privacy (banning of Tor, of VPNs, heavier responsibilities for
hosts and platforms), was finalised by the European Commission in the
aftermath of the Paris attacks of November 2015, with excessive haste
probably caused by pressure from France. 

We hoped that the European Parliament and especially the LIBE committee,
known for its positions in favour of civil liberties, would resist the
pressures of the rapporteur, Monika Hohlmeier (PPE - DE), who has been
making unclear and dangerous proposals heavier and heavier in the draft.
But no resistance was to be found, the MEPs voting almost unanimously for
the text, even though it had been redacted too quickly and lacked an impact
assessment on fundamental freedoms. Even the rapporteur of the Greens, ALDE
and S&D, sometimes massively supported by their respective political
groups, have accepted this text without seriously pushing for amendments.
Furthering this legislative abdication, they have voted a mandate for the
rapporteur to negotiate the text directly with the Council of the European
Union and the European Commission, without the whole of the Parliament
having a say. 

A number of the aberrations in the Dati report have been removed because
they are impossible to implement, but even so the terrorism directive
remains a disproportionate text, adopted precipitately and with no actual
understanding of its medium- and long-term impact on fundamental rights.
Moreover, it will be ineffective in fighting terrorism, at least where
Internet-related measures are concerned. 

 	* The text of the directive lacks precision on key concepts that define
the scope of the measures: "glorification" of terrorism, "radicalisation"
must be defined with the smallest possible margin for interpretation, so as
to avoid a lack of legal predictability, and in order to guarantee the
right to security, as provided for by the European Charter of Fundamental
Rights [6]. This need of precision was also underlined by the Special
Rapporteur for the United Nations for the Promotion and the Protection of
Human Rights and Fundamental Liberties [7] in the fight against terrorism.
According to him, the infraction of inciting to terrorism must be clearly
defined in the law and avoid vague wording such as "glorification" or
"apology of terrorism".
 	* Website blocking and the removal of content without prior judiciary
decision have been added in the text by MEPs after discussion in LIBE
Committee, although these measures, adopted in France with the 2014
Terrorism Law, have proved to be not only ineffective for their purpose [8]
but also disproportionate [9] and counter-productive.
 	* The draft directive stipulates that providing a service with the
"knowledge" or "intention" that it be used for terrorist purposes does fall
within the definition of "aiding and abetting". As Member-States transpose
this directive in a variety of ways, it could endanger publishers of
anonymisation and privacy-protection tools by making them responsible for
the way those tool are used.

Our visits to MEPs, our calls, our emails, our press releases have all been
met with the same laconic answer, the very same that French MPs and
Senators gave right before adopting the French Surveillance Law; an answer
contemplating only superficial solutions for a complex issue that warrants
a much more substantial reflection. Even MEPs from political groups that
are usually more critical of hasty and dangerous decisions, such as Eva
Joly (Greens - FR) or Caterina Chinnici (S&D - IT), have surrendered to the
pressure of the EPP and France and have been relegated to mere damage
control. And when disagreement occurred within a group, such as within the
Liberal group ALDE, whose members firmly oppose censorship and mass
surveillance, the shadow rapporteur Petr Jezek (ALDE - CZ) simply ignored
it, condoning the dangerous positions of the general rapporteur. 

 Eva Joly (Greens - FR), Caterina Chinnici (S&D - IT) and Petr Jezek (ALDE
- CZ) 

Like France did before, the European Parliament prefers hiding its head in
the sand and surrender to base electoral tactics. Although usually proud of
their independence, MEPs are bowing to the false siren call for security
from Member States that have notoriously little inclination to protecting
fundamental rights. 

La Quadrature du Net deeply regrets this about-turn on security by the
European Parliament, which is being forced to meddle in national government
strategies and to adopt window-dressing measures in order to tackle its
lack of legitimacy. 

Faced with the obvious lack of interest of the Members of the European
Parliament and of national representations, La Quadrature du Net decided to
stop wasting its efforts and to focus its energy on other and no less
pressing issues such as the right to encryption, the review of the ePrivacy
directive [10], the telecom package, and copyright reform [11]. 

La Quadrature du Net calls on MEPs of the LIBE Committee as well as all
MEPs to reject this dangerous text! 

WE WROTE IT ALREADY WHEN THE 2015 SURVEILLANCE LAW PASSED [12] AND WE ARE
SAYING IT AGAIN: WE WILL KEEP FIGHTING AGAINST THIS INTRUSIVE LAW AND ALL
OTHERS OF THE SAME VEIN WHENEVER AND WHEREVER WE CAN, IN PARTICULAR BEFORE
THE EUROPEAN COURTS AND INSTITUTIONS. BUT WE HAVE NOW COME TO THE POINT
WHERE WE WILL HAVE TO HELP CITIZENS PROTECT THEMSELVES AGAINST ANY KIND OF
SURVEILLANCE. 

ABOUT LA QUADRATURE DU NET

La Quadrature du Net is an advocacy group that defends the rights and
freedoms of citizens on the Internet. More specifically, it advocates for
the adaptation of French and European legislations to respect the founding
principles of the Internet, most notably the free circulation of knowledge.


>In addition to its advocacy work, the group also aims to foster a better
understanding of legislative processes among citizens. Through specific and
pertinent information and tools, La Quadrature du Net hopes to encourage
citizens' participation in the public debate on rights and freedoms in the
digital age. 

La Quadrature du Net is supported by French, European and international
NGOs including the Electronic Frontier Foundation, the Open Society
Institute and Privacy International. 

List of supporting organisations:
https://www.laquadrature.net/en/they-support-la-quadrature-du-net [13] 

PRESS CONTACT AND PRESS ROOM

contact at laquadrature.net - +33 (0)972 294 426 

https://www.laquadrature.net/en/press-room [14] 

 _To unsubscribe, click here [15]_
 _La Quadrature du Net
60, rue des Orteaux
Paris, 75020
_ 

 

Links:
------
[1] https://www.laquadrature.net/en/terrorism-directive-european-parliament-cowardly-surrender-outrageous-security-call
[2] https://wiki.laquadrature.net/Glossaire#Trilogue_ou_Comit.C3.A9_de_conciliation
[3] https://www.laquadrature.net/en/terrorisme-directive-no-plenary-no-democracy
[4] https://www.laquadrature.net/en/terrorism-directive-LIBE
[5] https://www.laquadrature.net/en/mep-committee-libe-dati-report
[6] http://www.europarl.europa.eu/charter/pdf/text_en.pdf
[7] http://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session31/Documents/A.HRC.31.65_AUV.docx
[8] https://www.cnil.fr/sites/default/files/atoms/files/cnil_rapport_blocage_sites_internet_2016_0.pdf
[9] https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=09000016806554c4
[10] https://www.laquadrature.net/en/ePrivacy-open-letter-Commission
[11] https://www.laquadrature.net/en/copyright_reform_could_EU_commission_do_worse
[12] https://www.laquadrature.net/en/shame-on-france-french-constitutional-council-widely-approves-surveillance-law
[13] https://www.laquadrature.net/en/they-support-la-quadrature-du-net
[14] https://www.laquadrature.net/en/press-room
[15] http://www.laquadrature.net/civicrm/mailing/optout?reset=1&jid=282&qid=126722&h=29f4c5833e5aaf58



More information about the A2k mailing list