Popular Committee Offices Raided by Israeli Military Forces, Ramallah
PNN | May 8, 2012
At 1.30 a.m. on Tuesday morning, 8th May, ten armored jeeps of the Israeli Occupation Forces surrounded and raided the offices of Stop the Wall in Ramallah. Israeli military stole 2 laptops, 3 hard drives and 10 memory cards containing files and photos as well as archive material relating to the work that the organisation does in opposition to Israel’s apartheid wall and the attack on Palestinian human rights that the wall and the settlements represent. This is yet another attack upon Palestinian civil society and their struggle against the physical and psychological oppression, land confiscation and ethnic cleansing policies of Israel.
Stop the Wall is one of the most vibrant organizations of human rights defenders in Palestine, and has been promoting, for almost ten years, civil resistance and advocacy campaigns against the Wall and in defense of Palestinian rights to self determination. Human Rights Defenders are internationally recognized as an essential element in political processes and their repression further underlines Israeli unwillingness to achieve a just peace.
Jamal Juma’, coordinator of the Stop the Wall Campaign, comments:
“It is not surprising that the Israeli authorities have chosen this moment to escalate their repression against the Stop the Wall grassroots network of civil resistance against the Wall and the settlements, choosing to act on the same day that the Israeli High Court rejected the appeals of Palestinian hunger strikers Bilal Diab and Tha”ir Halahleh, imprisoned without charge and without trial, effectively condemning them to death.
The courageous steadfastness of the more than 2000 hunger strikers in Israeli jails is underlining once more the power of civil resistance as part of the Palestinian struggle. Almost daily people are out in the streets to protest in solidarity with the Palestinian political prisoners, and the discontent with the fruitless and completely stalled diplomatic processes is growing stronger. At the same time, the Israeli authorities announced in 2011 to UN agencies that throughout 2012 year they will systematically displace the Palestinian population in area C. While the displacement drive is underway in the Jordan Valley, home demolitions are rising and the settlement construction is accelerated, the people across the West Bank are always more constraint behind the cantons of the wall.
This raid on the Stop the Wall offices is a clear message that the Israeli authorities are fearing widespread nonviolent action will challenge their policies effectively. Israel is preparing for confrontation and more repression, clearly showing that it is not ready to relinquish any of the international sanctioned rights the Palestinian people are struggling for.”
This is not the first time Stop the Wall has been the target of Israeli repression. In September 2009 Stop the Wall youth coordinator was arrested and the Stop the Wall coordinator, Jamal Juma’, was arrested a few months later, in December 2009. The Israeli authorities were not able to formulate any accusations against either of them and after a sustained international campaign, that saw the active involvement of the diplomatic missions in Palestine and European foreign ministries as well as countless human rights organizations around the world, both had to be freed in January 2010. This attack was followed only a few months later by an extensive office raid by the Israeli military on February 8 2010 and mass arrests of grassroots human rights defenders in the villages most actively protesting against the Wall.
For photos see: http://www.flickr.com/photos/stopthewall/sets/72157629631856082/
Background:
Stop the Wall is one of the most vibrant organizations of human rights defenders in Palestine, and has been promoting, for almost ten years, civil resistance and advocacy campaigns against the Wall and in defense of Palestinian rights to self determination. Human Rights Defenders are internationally recognized as an essential element in political processes and their repression further underlines Israeli unwillingness to achieve a just peace.
This raid on the Stop the Wall offices is a clear message that the Israeli authorities are fearing widespread nonviolent action will challenge their policies effectively.
The courageous steadfastness of the more than 2000 hunger strikers in Israeli jails is underlining once more the power of civil resistance as part of the Palestinian struggle. Almost daily people are out in the streets to protest in solidarity with the Palestinian political prisoners, and the discontent with the fruitless and completely stalled diplomatic processes is growing stronger. At the same time, the Israeli authorities announced in 2011 to UN agencies that throughout 2012 year they will systematically displace the Palestinian population in area C. While the displacement drive is underway in the Jordan Valley, home demolitions are rising and the settlement construction is accelerated, the people across the West Bank are always more constraint behind the cantons of the wall. Israel is preparing for confrontation and more repression, clearly showing that it is not ready to relinquish any of the international sanctioned rights the Palestinian people are struggling for.
This is not the first time Stop the Wall has been the target of Israeli repression. In September 2009 Stop the Wall youth coordinator was arrested and the Stop the Wall coordinator, Jamal Juma’, was arrested a few months later, in December 2009. The Israeli authorities were not able to formulate any accusations against either of them and after a sustained international campaign, that saw the active involvement of the diplomatic missions in Palestine and European foreign ministries as well as countless human rights organizations around the world, both had to be freed in January 2010. This attack was followed only a few months later by an extensive office raid by the Israeli military on February 8 2010 and mass arrests of grassroots human rights defenders in the villages most actively protesting against the Wall.
Related articles
- Israeli military court sentences Palestinian journalist (alethonews.wordpress.com)
- Israeli forces raid anti-wall campaign office in Ramallah (maannews.net)
Israeli court rejects appeal of Palestinian hunger strikers
Press TV – May 7, 2012
Israel’s Supreme Court has turned down an appeal requesting the release of two Palestinian prisoners, who have been on hunger strike for more than two months.
According to their lawyer, judges on Monday ruled that their hunger strike was not a reason to release them from administrative detention despite their being in life-threatening condition.
Bilal Diab and Thaer Halahla began refusing food on February 29 in protest to their administrative detention, a controversial practice used by Tel Aviv, which allows Israeli authorities to hold people, mostly Palestinians, without charge or trial indefinitely.
Diab has been in custody for nine months while Halahla has been detained since June 2010.
“I believe what the court is doing here is trying to break the will of both prisoners so they will back down in their hunger strike,” said their lawyer Jamil Khatib, adding that the two men, however, intend to “continue their strike to the end.”
“Israeli courts do not handle administrative detention in a positive way. It shows that the intelligence services have the final word,” he added.
The Israeli group Physicians for Human Rights (PHR) has condemned the court’s decision, describing it as “a death sentence” for both men.
An estimated 1,600 to 2,000 Palestinian prisoners, who began an open-ended hunger strike on April 17 to protest against Israel’s administrative detention rules, the use of solitary confinement, maltreatment of sick detainees, and difficulty in securing family visits and strip searches that are imposed on visitors.
According to an April 1, 2012 report published by the non-governmental Palestinian prisoner support and human rights association, Addameer, at least 4,610 “political” Palestinian prisoners are held in Israeli jails.
Addameer figures show 322 of the Palestinian prisoners are administrative detainees.
Related articles
- 1,600 Palestinian prisoners begin open-ended hunger strike in Israeli jails (alethonews.wordpress.com)
- Until Freedom or Martyrdom: Thaer Halahleh on 60 Days of Hunger Strike (alethonews.wordpress.com)
London Olympic rockets left unguarded
Military rockets left unguarded outside a block of flats in London
Press TV – May 5, 2012
Amateur video posted on the internet shows military rockets left unguarded outside a block of flats in Bow, East London, as Britain’s Ministry of Defense (MoD) prepares to deploy missiles on top of flats in London during the 2012 Olympics.
The video was posted by journalist Brian Whelan who lives in Bow Quarter, London. The video shows unguarded military rockets with nobody around.
The unguarded military rockets were part of the MoD’s security plans for the London Olympics. Earlier this week, the MoD confirmed that six sites, including two residential blocks of flats, would be tested as launch pads for missile systems in order to combat air threats during the Olympics.
Local residents have expressed their anger over the plans saying they were not consulted and questioning why the MoD did not build a missile base instead of using residential flats as a missile base.
Experts have also expressed concerns over the security risks for people. Military liaison officer Lieutenant Colonel Brian said flats could be targeted because of missiles deployed on their roof tops.
Furthermore, experts have called into question the usefulness of the missiles saying they would be useless in poor weather because the missile systems rely on the operator being able to see the target.
Writing on his blog, Whelan also described how these missiles work. The missile battery is the HVM A5 Missile System. Whelan revealed that only a small number of A5 missiles were fired in trials and even two malfunctioned during trials.
Orwell Comes to the Guantanamo Tribunal
By Steve Gosset | ACLU | May 3, 2012
The hundreds of lawyers, reporters and observers headed to Guantanamo Bay for Saturday’s arraignment of five defendants at the 9/11 military commission better check their calendars: Suddenly, it feels a lot like 1984.
The government wants to censor any statements the defendants have made about how they’ve been treated while in U.S. custody. If they were tortured or abused by CIA or Department of Defense personnel, that’s information the government wants to keep classified.
If it sounds Orwellian for a government to claim it can classify statements made by a defendant about their own experiences with illegal government conduct such as torture, that’s because it is. Such a move also has no basis in law, which is why the ACLU filed a motion yesterday with the military commission that asks it to deny the government’s request to suppress the defendants’ statements.
As Hina Shamsi, director of the ACLU National Security Project notes: “The most important terrorism trial of our time should not be an exception to the rule of public access because its legitimacy depends in part on its transparency.”
The ACLU is also asking the commission to bar a delayed audio feed of the proceedings. Right now, observers can see the hearing live behind a glass, but the audio they hear is on a 40-second delay to give censors the ability to cut off any mentions of purportedly classified information.
The truth may be ugly, but better to get it out in the open than keep it under wraps. Those seeking justice for the victims of the 9/11 attacks should want nothing less.
What Really Happened at the Montréal May Day Protest?
From Peaceful Protest to Police Brutality
By Andrew Gavin Marshall | The Media Co-op | May 2, 2012
![]()
The police line as they are about to charge
On May 1, 2012, thousands of students and other protesters took to the streets for the Anti-Capitalist rally in downtown Montréal. I attended the protest with a couple friends, and having read the “news” emanating from the “stenographers of power” (the mainstream media), it’s important to set the record straight about what happened here in Montréal.
The Montreal Gazette reported the events with the headline, “Police respond as May Day anti-capitalist protesters turn violent in Montreal.” This exact story and headline were carried across the English-speaking media fresh for the morning’s papers: with the Vancouver Sun, the Province, the Calgary Herald, the Regina Leader-Post, the Edmonton Journal, and the Ottawa Citizen.
The story, as they tell it, goes like this: it started peacefully just after 5 p.m. (this part is true!), and then it “was declared illegal by police at two minutes after 6 p.m. following violent clashes.” A police spokesperson (who apparently is the only person the media chose to interview for their article) said that, “injuries to a citizen, police officers and vandalism on cars and property were the reasons for declaring the march illegal.” The article then blamed “black-clad youth [who] were seen hurling rocks at store windows,” after which the police began to launch flash grenades, and the riot police moved in after 6 p.m. “using batons to disperse the crowd.” At 7:10 p.m., “a full hour after declaring the demonstration illegal, police announced that anyone who refused to leave would be arrested.”
The CBC went with the headline, “More than 100 arrests in Montreal May Day riot.” CTV reported that of the 100+ arrests that took place, “75 were for unlawful assembly, while the remaining 34 were for criminal acts.”
So, arrested for “unlawful assembly”: what does that mean? It means that when the police unilaterally declare a protest to be “illegal,” everyone who is there is “unlawfully assembling,” and thus, mass and indiscriminate arrests can be made. In Part 1, Section 2 of the Canadian Charter of Rights and Freedoms, it is stated that “[e]veryone has the following fundamental freedoms”: conscience, religion, thought, belief, expression, media, communication, association, and “freedom of peaceful assembly.”
Having been at the protest from its beginning, I can say that it was a peaceful march. While there were individual acts of vandalism (the worst I saw was drawing on a bank’s window with a black marker), if police action were to be taken, it should be to arrest the specific vandal. Instead, they implemented collective punishment for exercising our “fundamental freedoms.”
The protest began in the Old Port of the city of Montréal, and made it’s way down rue Notre-Dame, up St-Laurent, and down to the financial district. The mood was good, people were in high spirits, with music, drums, the occasional fire cracker, young and old alike.
As we entered the financial district, the presence of the riot police became more apparent. When the protest made it to McGill College Ave. – crossing a wide intersection – as the march continued in its consistently peaceful path, the riot police quickly assembled alone the street below us. The crowd quickly became nervous as the protest was declared “illegal.” Before I could even take a photo of the police down the street in a long line, they began charging the crowd. Protesters dropped their signs and began up the street toward McGill University, while another section branched off along the intended direction, and others scattered.
The march had been successfully split, and the small factions were then being isolated and surrounded. Suddenly, riot police were everywhere, marching up the street like storm troopers, police cars, vans, horses, motorcycles, and trucks were flying by. As one faction of the protest continued down another street, the riot police followed behind, while another massive onslaught of riot police went around to block off the protesters from the other side. When the police first charged, I had lost one of my friends simply by looking away for a moment. After having found each other up the street, we watched as the protest which descended down the street was surrounded by police from nearly every side. It was then that we saw flash grenades and tear gas being launched at the crowd of people. There was a notable smell that filled the air.
As we stood, shocked and disturbed by what had just happened, we made our way toward McGill to see where other protesters were headed when we saw a group of riot police “escort” three young protesters whom they had arrested behind a police barricade at the HSBC (protecting the banks, of course!).
Up the street, and across from McGill, one protester who had run to get on the bus was chased down by several riot police who then threw him face-first onto the pavement, and as a crowd quickly gathered around (of both protesters and pedestrian onlookers), the police formed a circle around the man and told everyone to “get back!” and then they began marching toward us, forcing the crowd of onlookers to scatter as well. The police then took the young man over to where the other protesters were being “collected” at the HSBC.
There was one young girl, with the notable red square patch on her jacket (the symbol of the Québec student movement) who had to be taken away on a stretcher into an ambulance. We don’t know what happened to her.
As more and more police gathered, we decided it was time to leave, walking down the street through which the police had chased the protesters, remnants of signs, red patches, and other debris spilled across the streets; the remains of a peaceful protest ended with police violence.
This has become all too common in Montréal and across Québec, as the student protest enters its twelfth week, having had over 160 protests, an average of 2-3 per day. As the demonstrations take place, the police have used obscure and unconstitutional city by-laws in both Montréal and Québec City which are so vague in their descriptions that any peaceful assembly or march can be declared illegal. Those who are indiscriminately arrested are fined $500, and if arrested again, are charged between $3,500 and $10,500.
It is clear that the State has decided – unilaterally – that freedom of speech and freedom of assembly do not conform to their specific “by-laws,” and are clamping down on students and protesters in order to quiet and crush the student strike and the emerging social movement which is being referred to as the ‘Maple Spring’. The national media, for its part, has decided to demonize the students, the protesters, and the people; taking the word of a “police spokesperson” over everyone else. Having been at the protest, however, I must question whether these so-called “journalists” were at the same event, because we witnessed two entirely different scenarios.
We entered the march in good spirits, and the police ended it in violence and repression, leaving us standing still, scattered, and disturbed; but our spirits are not crushed, our resolve is only growing stronger, and for each act of violence the police and State impose upon the people, we begin to see them for what they truly are, and thus, what is truly at stake: our very freedom, itself!
Heading down the financial district
![]()
The Charge! (it’s blurry because we all had to run)
![]()
this “march” replaced the one they dispersed
![]()
throwing protester face-down on the ground
Also posted by AGMarshall:
The Québec Student Strike: From ‘Maple Spring’ to Summer Rebellion?
What Really Happened at the Montréal May Day Protest?
Canada’s Economic Collapse and Social Crisis
Student Strikes, Debt Domination, and Class War in Canada
Of Prophets, Power, and the Purpose of Intellectuals
The Purpose of Education: Social Uplift or Social Control?
The “Crisis of Democracy” and the Attack on Education
Related articles
Hollywood’s Trolls
By Mitch Stoltz | EFF | May 1, 2012
Our movie industry has created some memorable monsters on screen. But Hollywood, and the major music labels, also helped create a very real kind of monster – copyright trolls who coerce settlements from Internet subscribers using intimidation and our out-of-whack copyright laws. Last Friday, EFF Senior Staff Technologist Seth Schoen took the witness stand in AF Holdings v. Does to explain to a federal judge why BitTorrent users should be able to hold on to their constitutional rights when targeted by trolls. Although some courts have put the brakes on the trolls’ schemes, there’s no Hollywood ending in sight yet. As the entertainment industries continue to push for ever-stronger copyright through treaties, private agreements, Congress and state legislatures, it’s time to ask – how will Hollywood help protect us from the trolls?
The current crop of copyright trolls sue anywhere from 20 to 5,000 “John Doe” defendants in a single lawsuit, pinned to a list of Internet Protocol addresses that they claim to have seen downloading copyrighted movies using BitTorrent. Then, with the courts’ permission, they send subpoenas to Internet service providers for the names and addresses of subscribers. The trolls then send threatening letters, demanding settlement payments to “make this go away” or face being dragged into court – often in a faraway state. Over 200,000 U.S. residents have been caught up in these suits, with many undoubtedly settling simply to end the harassment.
The trolls are, of course, following a trail blazed by the major music labels through the Recording Industry Association of America. Beginning around 2003, they sued about 35,000 people, using the courts’ subpoena powers as a private investigation service to find names and addresses. The RIAA ended its lawsuit campaign in 2008, apparently realizing the damage that suing its own fans had done to the industry’s image.
It was perhaps inevitable that the vacuum would be filled by opportunists with no public image to protect. Since 2008, troll lawyers have sued about six times more people than the RIAA ever did, and pursued them even more aggressively, probably netting millions in settlements. Some have faced court settlements for cutting corners in court procedure, and one was even caught practicing law without a license. But this scheme wouldn’t be a viable business model without the draconian imbalances of U.S. copyright law and legal precedent that the entertainment industries and their lobbyists have pushed through Congress and the courts.
For starters, the statutory penalty for sharing even one copyrighted work – say one song – is as much as $150,000. It’s no surprise that many people choose to settle for several thousand dollars rather than risk a bankrupting court judgment – even if they broke no law. The entertainment industries insist that we need these gargantuan penalties to deter infringement, but the same “statutory damages” provisions are the knobby club in the hands of the trolls.
Then there’s the legal doctrine of “secondary liability.” The movie and recording industries are constantly pressing for broader liability for intermediaries, Internet sites and services, and makers of tools and software. Copyright trolls use these concepts to disregard actual copyright infringers and instead go after the owners of Internet accounts, who are often easier to find. The trolls suggest, using the rhetoric of secondary liability, that merely allowing others to use one’s Internet connection, or operating an open Wi-Fi node, makes one liable for any copyright infringement. This isn’t the law, but the trolls don’t warn their marks about that. Often, even those who understand secondary liability, or can afford hiring a lawyer, choose to pay a settlement for someone else’s alleged infringement rather than risk a lengthy and expensive trial, even if they would prevail.
Then there’s the very concept of lawsuits aimed at dozens or thousands of “John Doe” Internet account holders. Plaintiffs in these suits often group together Internet users from all over the country and obtain their identities from ISPs by court order. Doing this requires trampling on jurisdiction rules that keep people from being unfairly forced to defend themselves far from home, joinder rules that guarantee every defendant is treated as an individual, and the First Amendment, which gives us a right to communicate anonymously. The RIAA’s lawsuit campaign also disregarded these legal safeguards. After the RIAA opened this door, the trolls lumbered in.
Finally, the entertainment industries have spent decades, and millions of lobbying and advertising dollars, to promote the simple but flawed idea that if copyright law promotes creativity, then ever-more-extreme copyright law will promote even more. According to this philosophy, the importance of preventing even the most inconsequential copyright infringement justifies chilling free speech, unmasking anonymous Internet users, wholesale regulation of the Internet … and setting loose the trolls. This worldview was on full display at a hearing last week in the D.C. federal district court, when ISPs, assisted by the EFF, tried to quash subpoenas for Internet users’ identities. EFF’s Seth Schoen matched wits with pornography financier AF Holdings’s expert on the workings of BitTorrent and Internet forensics, and the plaintiff’s attorney defended his litigation tactics as an acceptable way to “stop piracy.”
Although there will always be people willing to use the legal system as part of a shakedown, copyright trolls are a monster created in Hollywood. Naturally, the entertainment industry’s spokespeople, lobbyists, and other mouthpieces don’t discuss how the laws, treaties, court precedents, and private enforcement agreements they spend millions to promote will be misused by opportunists. But when the next SOPA, PIPA, ACTA, TPP, graduated response agreement, or state-level copyright bill comes along, let’s ask Hollywood and its allies how they plan to keep trolls confined to the big screen.
Related articles
- ISPs Ask Judge To Quash Subpoena In Troll Case — Or Let Them Appeal (eff.org)
- EFF Backs ISPs in Battle to Quash Copyright Troll Subpoenas (eff.org)
- Copyright-trolls: mind your own extra-judicial business, court says (arstechnica.com)
- Die, Troll, Die (wired.com)
- Judge rejects copyright trolls’ BitTorrent conspiracy theory (arstechnica.com)
Time to Make Warrantless Home Video Surveillance Extinct
By Hanni Fakhoury | EFF | May 2, 2012
It seems that the government’s thirst for high tech surveillance can’t be quenched. First, came the NSA’s warrantless wiretap program. Then it was CISPA. Now, its warrantless video surveillance in the home. And just like we stood up against the NSA and CISPA, yesterday we told the Ninth Circuit Court of Appeals that invasive warrantless home video surveillance violates the Fourth Amendment.
Ricky Wahchumwah, a tribal member of the Yakima Nation, was suspected of selling bald and gold eagle feathers, as well as the feathers and pelts of other migratory birds, in violation of federal law. As part of its investigation, an undercover agent from the U.S. Fish and Wildlife Service went to Wahchumwah’s house, pretending to be interested in buying feathers and pelts. Wahchumwah let him in his house, not knowing that the agent was secretly recording everything with a tiny video camera hidden in his clothes. The agent proceeded to capture two hours of video of Wachumwah’s home, including interactions between Wachumwah and his partner and children, and was even left alone by Wachumwah for periods of time, who did not suspect he was being recorded.
Charged with violating the Bald and Golden Eagle Protection Act and the Lacey Act, Wahchumwah moved to suppress the video evidence as an unreasonable search under the Fourth Amendment. The trial judge denied his motion, ruling that since Wahchumwah let the agent into his house, and the agent could testify to everything he saw in the house, Wahchumwah had no expectation of privacy. Wahchumwah appealed this decision to the Ninth Circuit, and we filed an amicus brief supporting him.
As we explain in our brief, a video camera can capture far more detail than a human eye. And unlike the human mind, a video camera doesn’t forget. After all, if an officer’s observations were sufficient, there would be no need for the video camera in the first place. Building on the Supreme Court’s landmark decision in United States v. Jones, which ruled the Fourth Amendment prohibited the warrantless use of GPS surveillance to monitor a person’s car on public roads for 28 days, we make two main arguments.
First, the initial appellate opinion in Jones issued by the D.C. Circuit (at the time called United States v. Maynard) explained that although a person may reveal discrete parts of his movements when driving in public, “the whole of one’s movements over the course of a month is not actually exposed to the public because the likelihood anyone will observe all those movements is effectively nil.” While the Supreme Court affirmed the D.C. Circuit under a trespass theory instead, the D.C. Circuit’s astute point applies equally to video surveillance. Even if Wahchumwah permitted the undercover agent into his home, it would be extremely unlikely that Wahchumwah, or anyone else, would expect that his house guest was secretly video recording every little detail. And that meant even if Wahchumwah consented to the agent entering his house, he certainly did not consent to secret video surveillance.
Second, as Justice Sotomayor said in her concurring opinion in Jones, the fact that technology allows the government to cheaply and efficiently aggregate data in ways that were impractical in the past has the potential to “alter the relationship between citizen and government in a way that is inimical to democratic society.” While it is technically possible to follow someone for 28 days continuously, it is expensive and difficult. GPS technology now allows the government to track someone wherever they go and as long as they want, all from the comforts of the police station. A video camera does the same thing. Sure, its possible for someone to enter a house and write down everything they remembered seeing hours later when they leave the house. But a video camera is capable of aggregating an enormous amount of data that would be difficult for human senses to replicate. When a video camera secretly enters the home, it can capture things like the mail on your coffee table, the books on a shelf, or the pictures on your wall. And the whole point of a camera is to record and save for another day, allowing the government to not have to rely on the human mind’s tendency to forget. It can rewind again and again to examine every minute detail of the house.
In the past, such intensive video surveillance was reserved for serious, violent crimes. Today, its being used by Fish and Wildlife officers to investigate misdemeanors. A search warrant requirement strikes the right balance between the government’s need to investigate crime, and the public’s right to privacy — particularly in the home, the most private of all places. Hopefully, the Ninth Circuit will reverse the trial court, and eradicate this invasive warrantless surveillance once and for all.
Attached Documents
Related articles
- Ninth Circuit Upholds Immunity for Telecommunications Companies that Assisted in Warrantless Wiretapping (lawprofessors.typepad.com)
Austrian Activists Push Back Against EU Data Retention Directive
By Rebecca Bowe | EFF | April 30, 2012
No sooner did a mandatory data retention law go into effect in Austria this month than thousands of Austrians banded together in a swift opposition campaign to overturn it. The Austrian law originated as the misshapen offspring of the 2006 European Data Retention Directive. Led by AK Vorrat Austria, a working group against mandatory data retention, the pushback against this mass-surveillance law demonstrates that opposition remains alive and well six years after the European Union adopted the infamous Directive.
The Austrian data retention law compels all ISPs and telcos operating in Austria to retain everyone’s incoming and outgoing phone numbers, IP addresses, location data, and other key telecom and Internet traffic data. The information is collected for all citizens, rather than just those suspected criminal activity. In many cases, the data is handed over to law enforcement.
Austrian activists took advantage of a two-year delay of the implementation of this ill-conceived Directive in their country by mapping out their opposition strategy in advance. They sought to leverage a two tier strategy to beat back the Data Retention Directive at the European level, and to fight against the Austrian data retention law at the national level.
One day before the law entered into force, Austrian activists organized funeral marches to protest this anti-privacy, anti-anonymity, anti-free expression law.
Now, just weeks after the Directive officially went into effect, its future hangs in the balance as a pair of efforts calling for its reversal speed toward Austria’s Constitutional Court. Austrian activists are seeking to overturn the legality of the Austrian law with a mass complaint filed with Austria’s Constitutional Court. With nearly 7,000 supporters formally signed on and 18,000 declaring their intent to join, that effort that is shaping up to be “the biggest complaint in the history of the republic,” according to European Digital Rights (EDRi), a coalition of 32 privacy and civil rights organizations working in the European Union, including EFF. AK Vorrat Austria initially announced that it hoped to bring 1,000 individuals together to sign onto the complaint – and surpassed that goal in two days’ time.
But activists aren’t stopping there. On a parallel track, AK Vorrat Austria has already gathered 100,000 signatures for a citizens’ initiative calling for their government to work towards the abolishment of the EU Directive. The signatures are enough to meet the required threshold to force the issue to be considered by the National Council, Austria’s legislative branch of government.
This isn’t the first time this Directive has sparked an uproar in Europe. When it first became clear that the EU was going to cave to governmental lobbying interests from the U.S. and UK and enact a sweeping law that would effectively legitimize mass surveillance, the Freedom not Fear movement responded with massive street protests in Germany and across Europe.
The opposition continues, and is only growing. Courts in Romania, Germany, and the Czech Republic have declared their national laws derived from the EU Directive to be unconstitutional, while a court in Ireland has referred a case to the European Court of Justice—the highest Court in Europe for matters related to European Union law—questioning the legality of the overall EU Data Retention Directive. The European Data Protection Supervisor Peter Hustinx has called the Directive “the most privacy-invasive instrument ever adopted by the EU in terms of scale and the number of people it affects.” Despite all this, the European Commission is still defending it even though it has not been able to provide any evidence that the Directive is necessary, and therefore legal, in the European Union.
Austrian Association for Internet users (VIBE!AT), the Ludwig Boltzmann Institute of Human Rights and several other Austrian activists are encouraging all concerned Austrians to join this fight. Austrians can join the mass complaint against the Austrian data retention law by filling out the declaration form by May 18, available at verfassungsklage.at.
Meanwhile, all Austrians age 16 and older should support the citizens’ initiative online at zeichnemit.at (in German) to call for the abolishment of the EU data retention directive. Take Action: Sign the citizens’ initiative now. Tell the Austrian government to fight for the repeal of the European Data Retention Directive in Brussels.
Related articles
- ACTA in the EU: We Can’t Call it Dead Yet (alethonews.wordpress.com)
- European Data Retention Directive At Work: Polish Authorities Abuse Access to Users’ Data (eff.org)

