a day ago
- Bert Hubert resigned from the TIB (Supervisory Committee on the Use of Powers by Intelligence and Security Services) because of concerns about the proposed 'Temporary Law on AIVD and MIVD Investigations into Countries with Offensive Cyber Programs'.
- The new law aims to reduce pre-authorization oversight, abolish technical risk pre-approval, and significantly expand the powers of the Dutch intelligence services (AIVD and MIVD).
- Hubert argues that the law shifts too much oversight from pre-authorization to after-the-fact review, which is less effective and more resource-intensive.
- He highlights that pre-authorization has a self-regulating effect, encouraging agencies to submit complete and accurate requests, whereas after-the-fact oversight is harder to enforce and more laborious.
- Concerns include the removal of meaningful criteria for intercepting thick internet cables, lack of mandatory justification for bulk interception, and practical difficulties in finding enough technically skilled overseers.
- Hubert states that the necessity argument for the law (pre-authorization being too slow) ignores the existing fast-track procedure for ministerial approval.
- He resigned publicly to be able to speak freely about the law, hoping it will receive sufficient scrutiny before being passed.
- The law has a majority in the Dutch House of Representatives, and Hubert believes it will significantly weaken oversight.