On the new Dutch Intelligence and Security Law - Bert Hubert's writings
a day ago
- The Dutch Intelligence and Security Law, set to be enacted July 1st, lacks promised oversight staff, undermining the rule of law.
- The law expands SIGINT capabilities to all forms of communication on Dutch internet exchanges, including private peering and PNI, with potential data sharing with foreign intelligence agencies.
- Full intercept requests will be judged primarily on technical completeness rather than merit, reducing regulatory oversight.
- The law is universally applicable, offering no special privacy protections for Dutch or EU persons, unlike US law.
- Powers include observing, hacking, intercepting communications, and algorithmic analysis, with minimal oversight for non-targets and third parties.
- Proposed changes increase powers: exploratory cable interception for one year without justification, strategic hacking without risk assessment, and expanded warrant extensions to non-targets.
- Algorithmic analysis on bulk data no longer requires regulatory approval, contradicting European Court of Human Rights requirements for safeguards.