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De nieuwe AIVD/MIVD wet is controversieel - Bert Hubert's writings
a day ago
- The new AIVD/MIVD law has been in development for nearly three years and is considered controversial.
- It enables bulk interception of internet and phone cables with near-automatic permission, but only for exploration.
- Rules for actual tapping are loosened, requiring only an indication of traffic streams, and making it easier to tap Dutch citizens.
- Prior review for AI analysis of intercepted data is removed, allowing post-hoc analysis of communication patterns.
- If you are hacked by a target of the services, you can be automatically hacked and tapped without notification.
- Oversight is changed with less prior review and more optional ex-post review, including a complex appeal process criticized by constitutional law professors.
Het Curieuze Artikel 73 van de AIVD en MIVD - Bert Hubert's writings
a day ago
- Article 73 of the Dutch Intelligence and Security Services Act allows AIVD and MIVD to take measures, including committing criminal acts, to protect their interests, such as sabotaging Iran's nuclear program.
- The approval for using Article 73 powers can be delegated down to low-level officials, meaning ministers may not be informed about operations.
- Critics argue that Article 73 lacks sufficient legal safeguards, as a required general administrative measure (AMvB) for criminal acts has not been implemented despite recommendations.
Toezicht AIVD en MIVD, zonder toezichthouders, zonder kantoor - Bert Hubert's writings
a day ago
- A new Dutch intelligence law on July 1 reduces prior approval procedures for hacking, wiretapping, and AI surveillance by the AIVD and MIVD, while expanding powers without requiring new permissions for victims of hacks or justification for tapping large communication cables.
- Oversight body CTIVD was promised 10 extra staff and a larger secure office to conduct strengthened ex-post oversight, but as of late June 2024, neither the office space nor staff have been provided, with no job openings due to lack of workspace.
- The author argues that removing upfront scrutiny overloads the oversight body, making it harder to prove unlawfulness and increasing the risk of abuse, comparing it to a building permit system where vague applications would be impossible to check effectively.
- The European Court of Human Rights has stressed the need for adequate safeguards against abuse in secret surveillance programs, warning such practices can undermine democracy.
- The author, a former oversight official, calls on incoming ministers to delay enforcing the new law until the promised oversight resources are actually in place, to avoid Hungarian-style bypassing of oversight.

Hasty Briefsbeta

aivd

De nieuwe AIVD/MIVD wet is controversieel - Bert Hubert's writings

Het Curieuze Artikel 73 van de AIVD en MIVD - Bert Hubert's writings

Toezicht AIVD en MIVD, zonder toezichthouders, zonder kantoor - Bert Hubert's writings