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De Wet op Inlichtingen- en Veiligheidsdiensten 2017 - Bert Hubert's writings

a day ago
  • The Dutch Intelligence and Security Services Act (Wiv) 2017 allows services to intercept, hack, or copy data globally when necessary.
  • Internal and external oversight includes the TIB for pre-authorization and the CTIVD for post-action monitoring.
  • Targeted surveillance can involve targets, non-targets (e.g., associates), and third parties (e.g., service providers), with strict necessity checks.
  • Technical risks from hacking are assessed to prevent collateral damage, such as disrupting emergency services.
  • Incidental interception of unrelated data (bijvangst) requires proportionality assessment and robust oversight.
  • Bulk interception of cables or frequencies is permitted but data can only be accessed after specific selection tied to investigations.
  • Emergency procedures allow immediate action with subsequent retroactive approval, used in ~2% of cases.
  • Article 73 permits proactive measures like disabling malicious servers without external review.