Data Retention Directive
From We Re-Build
The Data Retention Directive, more formally "Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC" is a European Union directive issued by the European Union and relates to Telecommunications data retention.
Internauts of the world - this cannot be accepted, we must make sure this directive is withdrawn from EU and the world!
Latest news: We now have a Community Translation of what the German Constitutional Court decided yesterday.
Contents |
Activism co-ordination
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title="We Rebuild wiki - Data retention directive" description="The Data Retention Directive, more formally Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC is a European Union directive issued by the European Union and relates to Telecommunications data retention." category="text" tags="telecomix, politics, activism"
Activism can take place anywhere, however, if you feel like participating in the Telecomix/Werebuild cluster, you are more than welcome. We organize without leaders, relying on the group effort of working together and sharing skills. Besides this wiki we also synchronize maneouvres in the following channels.
IRC
- #telekompaketet on irc.telecomix.org / irc.telecomix.i2p. Also web-chat on chat.telecomix.org.
Pads
Memes
Sweden: to implement or not to implement?
Sweden stands before an election in September this year. Now is the time to act, all the way until we make data retention fall also here, and then in the rest of Europe.
| - The Telecomix Crew |
Methods
Documentation: Collect statements from politicians promising to/not to implement the directive after the elections. So far we only have a few screenshots and quotes on this page, but please help collecting more and more. Add information to this wiki page. If insufficient, add to other pages and link from this one.
Direct action: Once we have list of people in the parliament, we can phone them, record the conversations and store them at the wiki, then compile into communiqés. Interact with them on twitter and facebook. The swedish parliament is not very big, just do it!
Targets
- The Green Tea Party - Status: Miljöpartiet does not want data retention anymore. Great!
- The Red October Fest - Status: Vänsterpartiet does not want data retention anymore. Great!
- Operation Shedstream - Status: To be initiated
The "Green Tea Party"
From a svt.se news article.:
| - Peter Eriksson, Bodil Ceballos, Maria Ferm, Max Andersson, Mehmet Kaplan, Ulf Holm, Carl Schlyter. |
Transcritpt of Erikssons appearance on the radio show at Then Piratska Argus
| - Lage Rahm, Swedish MP for the Green Party |
| - Ulf Holm (MP, Green party) to the conservative minister of justice, Beatrice Ask |
Twitter hashtag: #greenteaparty
The Swedish Green Party claims to be against data retention. However, lately they have grown a bit too eager to rule Sweden together with the Social Corporats. This is clearly a violation of the rules of the internet, and they must be well documented in an endurance battle. In the above video with Peter Eriksson approves to enforcing data retention, something we will never forget.
There is however a strain of good Greens, amongst them Lage Rahm, Ulf Holm and especially Carl Schlyter, who made the strongest call for EU activism evar.
The day before Data Retention fell in Germany (1.st of March) they still were eager to obey EU and Peter Eriksson said:
| - Peter Eriksson |
Following this tweet], the Greens seem to have abandoned the deal with the social corporates, and do not want data retention anymore. Great Success!
Post everything they say about data retention in this section. And gallery of images.
We need to watch Mehmet Kaplan closely, as it is suggested he might be the one selling us out to Bodström: http://twitter.com/mehmetKaplan
Jakop Dalunde answer on a question from h0ss1: @JakopDalunde Ursäkta en kanske korkad fråga, men kommer Mp att rösta nej till datalagringsdirektivet när det kommer efter valet? #dld. He say @h0ss1 Jepp, det kommer vi göra.
List of Green twitter accounts
- @miljopartiet
- @mehmetKaplan
- @matspertoft
- @maxandersson
- @mariaferm
- @lrahm
- @jakobdalunde
- @brokep
- @zcatalan
- @bolund
- @BodilCeballos
- @GunvorG
- @Melinen
- @MattiasBengtsso
- @mikaelava
- @andwal
- @mrthorsell
- @schyffel
- @valtch
- @mikaelapersson
The "Red October Fest"
| - Eva-Britt Svensson, MEP for the Left-wing party of Sweden |
Twitter hashtag: #redoctoberfest
It also seems that the Swedish left wing party Vänsterpartiet has proven to support data retention.
However, it seems that they once again changed positions. On March 2nd, the day data retention fell in Germany, they wrote this:
| - Vänsterpartiet |
Also, in an interview the day after the German decision, Anki Ahlsten of the Left Party said to IDG.se:
| - Anki Ahlsten, Vänsterpartiet |
List of Red twitter accounts
- @vansterpartiet
- @thaher
- @aliesbati
- @jensholm
- @egonfrid
- @larsohly
- @idalegnemark
- @miroanter
- @kajraving
- @ebistrom
- @KalleLarssonV
- @rossa_d
- @Micke_vK
- @andersorbom
- @bywire
- @jennylinp
Operation Shedstream
The last stronghold of data retention on the left block is also the hardest one to overcome. The Social Democrats were leading the way of data retention in EU, via ex justice minister Thomas Bodström. There might even be ideological support for retention within S, something that must be met fiercely. However, there are also nice social democrats that need support.
Internauts - this is a real challenge. We will however never give up!
Document everything very carefully, as every piece of evidence will make important contributions in our endurance battle of stopping data retention all over EU.
List of Social Democrat Twitter accounts
- On twitter's list function - @socialdemokrat:s list of riksdagsledamöter
- @socialdemokrat - central party node.
- Our list (too long to post on this page)
Operation (C)entrist
The right block is cracking apart. Centerpartiet, the Centre Party, has taken a stand against data retention. Even though their history with integrity breaching legislation is not the best (WE DO NOT FORGET ABOUT FRA) this is ofc interesting. Can this be the igniting fire which makes no to data retention the new black?
More info can be found [[1]]. Now we need to dox Centre Party members to cheer and reward them for their couragous standing point.
Quotes
List of Centre Party Twitter accounts
- @federley
- @anniejohansson
- @centerpartiet
- @anderssonmagnus
Find legal cases for which 2006/24/EC has not been implemented or only partially implemented in Member States.
Romania:
Constitutional Court in Romania stated (decision 1258 of 8 Oct 2009) that the Directive cannot be implemented because incompatible with articles 25 (freedom of movement), 26 (right to privacy) 28 (secrecy of correspondence) of the Romanian Constitutional Chart (to be noted: art .20 of Constitutional Charter of Romania allows intelligence services to access personal data without magistrates authorization). The Constitutional Court objected that 2006/24/EC does not circumscribe properly the set of personal data to identify the single person: identification of type of call, type of device used, and geographic localization. The court also cites Klass et al. vs. Germany (1978) and Popescu vs. Romania (2009) in front of the Council of Europe (European Court for Human Rights), The Court urges for more clarity in the scope of the law transposing the Directive, and more care against possibile abuses by the actors which must store data. Therefore the Court rejected the implementation. I think that no infraction procedure will be opened: a Member State is exempted from implementing a Directive when its Constitutional Charter is incompatible with it (CHECK).
Bulgaria:
- 11 Dec 2008 Supreme Administrative Court of Bulgaria rejected art. 5 of the law implementing the Directive, stating that the provision does not put any limitation on data access from computers and does not contain any guarantee for the right to privacy enshrined in the Bulgarian Constitutional Charter. What's more, the Supreme Court stated that art. 5 is incompatible with art. 8 of the European Convention on Human Rights.
Germany:
- 15 Dec 2009 class-action (with 34000 signatures) from German Working Group on Data Retention (AK Vorrat) against Federal Government representatives in front of a Court. During the hearing, the embarrassing questions brought on by the AK Vorrat forced the Gov't to recognize the sensible character of the directive provisions. According to AK Vorrat those provisions are disproportionate and incompatible in a democratic society and with art. 8 of European Convention on Human Rights. The Court has suspended the application of the law. Refer to Ralf Bendrath (some know him from the meeting at the EP) for more details.
Articles for Documentation
- Svd 20100303 Strid om Datalagringen
- Svd 20100303 Mp och V backar om datalagring
- Mangus Andersson (C) 20100303
Further reading
- "Protecting Privacy against the Police in the European Union: The Data Retention Directive" by Professor Francesca Bignami, Chicago Journal of International Law, Spring 2007.
http://reguligence.biz/2010/01/23/data-retention-aims-to-fight-file-sharing-user-rather-than-terrorists/ http://afsj.wordpress.com/2010/01/10/directive-on-data-retention-now-the-floor-goes-to-the-german-constitutional-court/ http://www.europeanvoice.com/article/2009/02/court-allows-retention-of-call-and-e-mail-data/63892.aspx
External links
Data Retention Directive wikipedia
Text of the directive in HTML with headers


