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Echelon in Holland
Jelle van Buuren 11.04.2000
Dutch intelligence agency authorized to scan satellite communications
The Dutch Intelligence Agency BVD is getting new powers. Among other
things, the powers to intercept communications will be extended. The
agency is authorized, if the government gets its way, to intercept
satellite communications at random and search the intercepted traffic
by keywords. Also, the BVD gets a new intelligence task: the
gathering of economical information. Holland goes Echelon, it seems.
The new 'Act on the intelligence and security agencies' (WIV), which
is currently debated by Dutch parliament, gives the powers of the BVD
a new legal basis. Actually, it means mainly the extension of
investigative powers. In each amendment on the original proposal, new
powers are given. For instance, in the first draft of the new Act,
the BVD got the power to intercept, record and listen into
telecommunications. In the latest amendment, from the beginning of
this year, the power to 'receive' telecommunications was added. This
means the BVD is authorized to directly pluck telecommunications, for
instance GSM-traffic, out of the air. In this way, the BVD is no
longer dependent on the willingness of telcom operators to intercept
traffic, but can create for instance their own parallel network of
receivers to intercept all GSM-traffic. Also, this prevents providers
from 'leaking' about the fine work the BVD is doing in this area.
[...]
Encryption
The new powers of the BVD are also interesting because some articles
are related to cryptography and information technology. The BVD is
authorized to break into homes and offices to bug keyboards. Besides
that, the BVD is authorized to break into computers and steal, alter
or delete information that is stored in computers. In other words,
the BVD is allowed to hack. In this way, the intelligence agency can
steal data from computers, manipulate software, corrupt passwords or
install a Trojan Horse, so access is secured and cryptography can be
bypassed.
Cryptography is a topic of special interest for the BVD. In the draft
Act, the power to undo encryption is being extended. In the first
proposal the BVD got the authority to decrypt encrypted communication
and data "by technical means". In the latest amendment this is
extended to decryption "by all possible means". According to the
explanatory note, "practice has shown there are other ways than just
technical means to decrypt encrypted communications."
This cryptic description seems to be directed at infiltrators who
diddle out passwords, or look over the shoulder when messages are
encrypted, or intelligence teams breaking into homes and offices in
search of the little piece of paper the password is written on.
The articles on the interception of telecommunication also contain
remarks on cryptography. Encrypted messages may be kept in storage as
long as is necessary for the BVD to decrypt them. The explanatory
note says:
"Where telecommunication is concerned, of which the encryption is not
undone, and where the mere fact that cryptography has been used makes
this communication interesting for the agency, it is desirable to
save this communication to the moment the capacity exists or is being
developed to decrypt the communication."
So the use of a perfectly normal technique to protect ones privacy,
trade secrets or sensitive political information, is in the eyes of
the Dutch government a highly suspected act.
The draft Act also introduces the obligation for "every one" the
authorities believes has acces to the keys, to cooperate with the
intelligence agency in decrypting the encryption. Refusal is
punishable with a sentence of two years. The Dutch parliament has
asked the government if this means that suspects also are obliged to
hand over the keys.
The answer is not available yet. But if the governement confirms this
obligation also applies to suspects, this will be a clear violation
of the fundamental human rights, as stated for instance in the Treaty
on the protection of the Human Rights and Fundamental Freedoms. It
means an obligation to cooperate on your own condemniation and the
reversal of the burden of proof.
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Verlag Heinz Heise, Hannover
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