Dutch Propose Powers For Police To Break Into Computers, Install Spyware And Destroy Data -- Anywhere In The World
from the mutually-assured-destruction dept
Techdirt readers with long memories may recall a fantasy proposal from Orrin Hatch that would have seen technological means deployed to destroy the computers of those who downloaded unauthorized copies of files. Of course, the idea was so ridiculous it went nowhere. Now, nine years later, a similar idea has turned up, but with a rather better chance of being implemented, since it comes from a national government:
On 15 October, the Dutch ministry of Justice and Security proposed powers for the police to break into computers, install spyware, search computers and destroy data. These powers would extend to computers located outside the Netherlands.
The plan of allowing the police to break into domestic computers and install spyware is bad enough, as the German experience shows. There, it turned out that the malware employed had such serious flaws that anyone could take control of a machine infected with it.
But the idea of giving Dutch investigators permission to break into computers anywhere in the world is even worse. The article from the digital rights group Bits of Freedom, quoted above, explains why:
If the Dutch government gets the power to break into foreign computers, this gives other governments the basis to break into Dutch computers which infringe the laws of their country. The end result could be less security for all computer users, instead of more. This is even more true with regard to the power to destroy data on foreign computers; it is likely that other governments would be very interested in using such a power against Dutch interests.
Even totally law-abiding users might be caught up in this digital war:
Furthermore, providing the government the power to break into computers provides a perverse incentive to keep information security weak. Millions of computers could remain badly secured because the government does not have an incentive to publish vulnerabilities quickly because it needs to exploit these vulnerabilities for enforcement purposes.
It's not really down to governments to publish details of flaws, but it's possible they might be less inclined to encourage the public to patch them, if they want to use the vulnerabilities themselves. This would doubtless lead to criminals taking advantage of widespread holes in security, with personal data being stolen, and financial systems compromised.
All-in-all, the Dutch proposal has to be one of the most foolish ever presented by a government in this area, and shows the folly of trying to come up with quick fixes for the currently-fashionable issue of "cybercrime", instead of really thinking through the consequences. Let's hope calmer heads prevail, and the proposal is withdrawn.
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Filed Under: computers, netherlands, security, spyware, surveillance
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I hope they realized it's a strategy that works two-way, right?
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It is such a breach of privacy and data protection that I cannot see the EU courts ever approving (at least I hope they have the sense).
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Can you imagine a government even considering a law that would allow their police to break into peoples homes and destroy things? Even worse, telling their police they can go to another country and do the same?
Yet for some reason "on a computer" it is magically ok.
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Look at Egypt, they break in to homes, grab people, torture them in hopes of acquiring information. Most will be useless information, but some will provide what they are after. That's the justification according to an Egyptian friend who came over in his teens.
If the US could pull that off on US soil, they would.
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only solution I see
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Yeah, they actually won their war on drugs, by understanding it isn't a war!
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Act of war?
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Since we all know the claims of the bots for DMCA are dead on and always accurate they should just go ahead and set those up for the determining factor of infringement.
What could go wrong? /s
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Part of this process is to make the EU "the enemy"...draft laws, have the EU system swat them down and fan the dutch flames of hatred so leaving the EU becomes more palatable.
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GOOD JOKE
Foreign people already have zero protection under USA law, those Amendments that they enjoy there? Yeah, if you're not a USA citizen you have no rights at all, their government could kill you without a problem.
Kinda hypocritical don't you think...
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Americans already have zero protection under foreign law, those right that they enjoy there? Yeah, if you're not a foreign citizen you have no rights at all, their government could kill you without a problem.
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Not true as a blanket statement. The Constitution limits governmental power largely without regard to the nationality of the people at whom the power is directed.
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But let's let the Dutch set the precedent so Iran can do the same thing.
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Competition
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if approx. 200 countries can legally hack your computer....
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Re: if approx. 200 countries can legally hack your computer....
Let the law be passed. ;-)
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You do not want to declare War on the Internet foolish Politicians.
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(Of course the answer should be "tell the idiots responsible for this impending mess how stupid their idea is", but they're almost certainly too dumb to ever admit they might be wrong.)
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The problem with publishing security flaws...
Not directly, no. But really, how much fantasy does anyone need to get from this harebrained scheme to the point where they try to block security researchers/security industry with some kind of gag orders and similar from publishing/closing holes they still want to use? Insanity in politics has this slight tendency to spread like wildfire once it's got a foot in the door concerning a specific topic.
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"Well the criminals are already on your computer, can't hurt if you add the police in there as well."
I wish more people realized that 1984 and A Brave New World were both fictional novels and not handbooks to the future.
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There outta be a law...
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Strong Locks Fallacy
In the physical world, the fallacy is (mostly) recognized. In cyberspace, not so much, especially by stupid pollies.
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How presumptuous!
What country would ever think they have the right to do that?
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communistic
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