[P2P-F] Fwd: [opennetcoalition] Directive on Terrorism : The EU on a Securitarian and Post-Democratic Drift?

Tue Jul 5 18:09:24 CEST 2016

---------- Forwarded message ----------
From: La Quadrature du Net <contact at laquadrature.net>
Date: Tue, Jul 5, 2016 at 11:07 PM
Subject: [opennetcoalition] Directive on Terrorism : The EU on a
Securitarian and Post-Democratic Drift?
To: opennetcoalition at laquadrature.net

Press Release

*Tags : TERRORISM, EU DIRECTIVE, CENSORSHIP, BERNARD CAZENEUVE, CIVIL
RIGHTS*

La Quadrature du Net — For immediate release

Permanent link: https://www.laquadrature.net/en/terrorism-directive-LIBE
Directive on Terrorism : The EU on a Securitarian and Post-Democratic Drift?

Paris, july 5 2016 —

*Yesterday evening, the LIBE Committee of the European Parliament (Civil
Liberties, Justice and Home Affairs) adopted the draft Directive on
Combating Terrorism
<http://www.europarl.europa.eu/oeil/popups/ficheprocedure.do?reference=2015/0281%28COD%29&l=FR>
proposed by the European Commission by 41 votes to 4 with 10 abstentions.
The EPP (conservative) Rapporteur Monika Hohlmeier had turned the directive
into a text that will give credence to the worst anti-terrorism and
surveillance laws from across the European Union. She clearly bowed under
pressure from the French Government
<https://www.mediapart.fr/journal/international/050716/terrorisme-le-lobbying-de-la-france-pour-durcir-la-legislation-europeenne>
(FR), who is seeking to whitewash its own controversial laws regarding
surveillance and websites censorship at the European level. La Quadrature
du Net denounces this "europeanisation" of extrajudicial surveillance and
censorship, all the more considering that the process surrounding the
directive is in and of itself a staggering denial of democracy: Indeed, the
draft Directive will be further discussed in secret "trilogue"
negotiations, which will preclude any substantial amendment during the
plenary debate of the European Parliament. Under the guise of security, the
European Union is undermining its own fundamental values.*

The directive on combating terrorism presented by the Commission in
December 2015. It is aimed at improving the cooperation between European
law enforcement agencies, and seeks to provide a European framework for
member States' national anti-terrorism legislations. However the rapporteur
of the LIBE Committee in the EU parliament, Monika Holheimer (EPP) hardened
her position under pressure from some member States, and France in
particular. She turned it into a text expanding to the European level a
number of dangerous measures that will profoundly undermine fundamental
rights.

La Quadrature du Net is particularly worried about this blank check given
to the extension of websites blocking measures across the European Union
(those were introduced in France in 2014). Such online censorship takes
place without any prior judicial decision. It is not subject to sufficient
legal remedy, and is ineffective. It has therefore been denounced from the
very beginning as attacking the freedom of expression and of information.
In addition, as pointed out in a study of the Council of Europe
<https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=09000016806554c4>,
it is extremeley doubtful that these measures comply with the European
Convention on Human Rights. Nevertheless, under pressure from France, such
extrajudicial censorship may be expanded all through the European Union!
Similarly, calls for hosting providers to cooporate with public authorities
to fight terorism - which is inspired from Rachida Dati's dismal report
<https://www.laquadrature.net/en/mep-committee-libe-dati-report> and from
the controversial practices of Europol - may accelerate the shift towards
censorship and extra-judicial surveillance.

Similarly, the widening scope of individuals and legal persons that could
be sued for aiding and abetting terrorism is concerning. The mere knowledge
that a tool or a service could be used for terrorist purposes would be
sufficient to undergo judiciary prosecutions. Publicly offering an
encryption or anonymisation service could therefore be considered as aiding
and abetting terrorism.

To make the matter even worse, strong antidemocratic trends within the
Europan institutions are at play in the passing of this directive: The LIBE
Committee voted to grant Ms. Hohlmeier a direct negociating mandate
<https://www.laquadrature.net/en/terrorism-directive-LIBE> in a trilogue
with the European Commission and the Council of the European Union before
the vote of the draft directive in the plenary session of the European
Parliament has taken place1
<https://www.laquadrature.net/en/terrorism-directive-LIBE#footnote1_sjlg2td>.
The opaque negotiations of the trilogue, where Member States can press to
obtain a directive that would legitimise their own national laws without
any democratic control, will start on an already very concerning basis. The
lack of real parliamentary control and transparency will only make things
worse. The rest of MEPs, who will have to vote in plenary session of the
European Parliament, will face a done deal and will not be able to amend
this anti-terrorism Directive.

*"This directive on combating terrorism is very worrying. While efforts for
coordination and for a common notions are welcome, a large part of the text
encourages the adoption of exceptional measures and risks setting back the
rule of law across the European Union. Through pressure from the French
government both in the Council and in the LIBE Committe of the European
Parliament, the securitarian drift happening in France will scale up at the
level of the whole European Union. We call for members of the European
Parliament to insist for full transparency during the negociations with
member States and the Commission. Fundamental values of the European Union
are being endangered, just when they would need to be strenghened.
Negociating dangerous texts in secret won't save the EU, but rather
strenghening democratic processes will. It is the only way to obtain
withdrawal of the dangerous surveillance and censorship measures that have
been voted yesterday, and to return to a substantive approach, respectful
of Human Rights and freedoms"* says Adrienne Charmet, campaign coordinator
of La Quadrature du Net.

*See also our analysis
<https://wiki.laquadrature.net/Directive_Terrorisme/en> of the dispositions
of the directive about Internet and electronic communication.*

1.
<https://www.laquadrature.net/en/terrorism-directive-LIBE#footnoteref1_sjlg2td>
According to our informations, a first meeting of the trilogue should take
place on 14 July. MEPs who should be present are: Claude Moraes, Monika
Hohlmeier, Caterina Chinnici, Timothy Kirkhope, Petr Jezek, Cornelia Ernst,
Eva Joly, Laura Agea et Lorenzo Fontana, whom we should watch carefully.
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
Press contact and press room

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

https://www.laquadrature.net/en/press-room
*To unsubscribe, click here
<http://www.laquadrature.net/civicrm/mailing/optout?reset=1&jid=226&qid=83225&h=f10944951e27e58f>*

*La Quadrature du Net60, rue des OrteauxParis, 75020*

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