[HN Gopher] NL national security law to grant automatic permissi...
       ___________________________________________________________________
        
       NL national security law to grant automatic permission for targeted
       surveillance
        
       Author : pseudotrash
       Score  : 153 points
       Date   : 2023-06-07 16:55 UTC (6 hours ago)
        
 (HTM) web link (aboutintel.eu)
 (TXT) w3m dump (aboutintel.eu)
        
       | jacquesm wrote:
       | One example of where this would apply is for instance against
       | criminals whose medium of information exchange has been
       | compromised. Yes, they are 'victims', but they are also perps and
       | probably in much worse crimes than the original hack of their
       | comms.
       | 
       | An example of such a situation is the EncroChat hack.
        
         | radicalbyte wrote:
         | The thing is, is that we've had an oversight commission who
         | reacted quickly to decide in those cases. That worked, it
         | provided oversight.
         | 
         | Now they want free reign to spy on everyone.
        
           | jacquesm wrote:
           | Wanting something and getting it aren't the same thing and it
           | wouldn't be the first time that something like this gets
           | enacted and then gets shut down again.
           | 
           | My main worry would be journalists, those are at some danger
           | from stuff like this especially when they are protecting
           | their sources. If this ever gets abused that's where I would
           | expect it to happen.
        
             | Nevermark wrote:
             | I don't follow your logic. It seems to be a circular way of
             | downplaying the laws potential for harm.
             | 
             | I am sure you are right, harmful laws have been passed, and
             | then on the basis of their harm, repealed.
             | 
             | But if we are to be reassured that since the law is harmful
             | it will be repealed, that is an illusionary reassurance.
             | Clearly not all harmful laws are repealed, even if some
             | are.
             | 
             | And even repealed harmful laws are likely not repealed
             | until the harm they cause is very evident. Meaning great
             | harm has been done.
        
               | jacquesm wrote:
               | That's not how I read the law with the supplied context.
               | 
               | It basically reads like this - translation/interpretation
               | errors are mine: Any machine that is compromised by a
               | hacker and that leads to other machines that are _also_
               | compromised by this hacker are fair game in the process
               | of an investigation.
               | 
               | This ensures that the typical chain of wrapped
               | connections can be pierced, even if some of those systems
               | may well be compromised outside of the owners knowledge.
               | Yes, they are also victims, but their unsecured systems
               | and accounts that are currently under the control of the
               | hacker makes them a part of the investigation.
               | 
               | It's no secret that hackers tend to use many layers of
               | obfuscation in order to reach their ultimate target and
               | this attempts to put a stop to that, with the nice side
               | benefit that if one of the machines en-route is a
               | communications server that other accounts found there are
               | fair game (such as what happened with EncroChat, but
               | there are also other examples).
               | 
               | From what I can see this is all relatively
               | straightforward, and as long as the usual safeguards are
               | in place I do not see a problem with it. Investigators
               | are often laughed at for their lack of digital chops,
               | this doesn't match my own experience, the thing I do see
               | is that they are almost always outmatched because of the
               | constraints placed on their ability to investigate when
               | it comes to digital crime. Some balance should be found
               | here and given a relatively careful weighing of the
               | interests of society and law enforcement I think this
               | proposal really does its best to achieve such a balance.
               | If and when it is abused I fully expect that abuse to be
               | smacked down, as has happened numerous times.
               | 
               | There always will be a tension between LE on the one side
               | and society on the other, LE only has as much power as we
               | collectively grant them and oversight is the ultimate
               | arbiter of what is and what isn't permissible.
               | 
               | As for the context: this is NL we're talking about where
               | such oversight really seems to work well, in other
               | countries that may be a completely different story.
        
               | Nevermark wrote:
               | Removing huge legal safeguards, vastly expanding law
               | enforcement's legal freedom, without adding back more
               | nuanced safeguards, makes no sense.
               | 
               | The history of good behavior of NL law enforcement took
               | place, itself, under legal safeguards!
               | 
               | What would have been abuses today, will no longer be
               | abuses. So LE can now act in good faith in a far more
               | pervasive manner.
               | 
               | Unless you think the previous safeguards were
               | superfluous, because of LE good sense, there should still
               | be legal safeguards. More nuanced safeguards of course,
               | that take into account the new LE freedoms. But still
               | explicit legal safeguards.
               | 
               | Otherwise, we are not just depending on LE to act in good
               | faith, but to define good faith. Which is not a good
               | system, or the system before, when safeguards were
               | explicit.
        
               | jacquesm wrote:
               | This all presupposes that LE is acting in bad faith,
               | which - so far - has not been my experience. There
               | definitely have been exceptions and those have rightfully
               | been smacked down, both AIVD and the regular police
               | forces have seen judgments against them for trying to
               | expand the envelope to the point that it was clear that
               | was not the intent of the law.
               | 
               | Those 'huge legal safeguards' in practice work out to a
               | fairly loosely specified set of laws that are then
               | interpreted as widely as possible by LE and subsequently
               | tested in court whenever a party feels that they have
               | overstepped the line. This method seems to work well
               | enough that it has become standard procedure and of
               | course new laws will be tested in a similar way. The
               | current investigative process is often very dynamic, far
               | more dynamic than the usual warrant process provides for
               | and in that sense I can see the frustration about seeing
               | a crime in progress and not being able to something about
               | it as something that would need addressing. The
               | international nature of the net and the speed with which
               | these situations develop would mean that the online
               | equivalent of 'skipping state lines' would be enough for
               | a perp to always get away with it. This is an undesirable
               | situation. It is also undesirable that law enforcement
               | would be handed tools that give them too much leeway.
               | Whether this tool is one of those or not will depend very
               | much on how it plays out, given what I know about how the
               | oversight system here works I have very good confidence
               | that if there is abuse that it will be stopped. Dutch LE
               | has learned a lot from various incidents in the past,
               | which led to various backlashes. So they stand to lose as
               | much as they stand to gain here.
        
             | coldtea wrote:
             | That's one of the prime real uses cases they'd care
             | about...
        
               | jacquesm wrote:
               | Yes, and clearly there should be a very pointed note
               | about journalists in this law if it is to be put into
               | practice. But for the likes that use(d) EncroChat I'm all
               | for it.
               | 
               | Btw, both lawyers _and_ journalists have quite a few
               | special protections under Dutch law and it isn 't clear
               | to me that this proposal would trump those protections,
               | in fact if challenged I would expect the judiciary to
               | affirm that those protections carry the most weight.
        
               | ahubert wrote:
               | Author here - the protections remain in theory, but will
               | not longer be active beforehand. It is possible that the
               | oversight committee finds the time to check afterwards,
               | but they aren't obliged to do so. Also, by then the
               | damage is done.
        
               | jacquesm wrote:
               | Yes, that's the risk, but: similar issues have been
               | flagged in the past and in the end oversight won out so
               | I'm not quite as worried as you are.
               | 
               | A typical scenario is that a hacker is using a series of
               | nested accesses to compromised systems, if the original
               | warrant allows for tracking the hacker on the first
               | system then there is no time to obtain warrants for the
               | systems that are uncloaked as the result of the
               | investigation, this happens pretty much in real time. So
               | this provision allows the investigation to proceed and
               | will have a reasonable time allowed to 'catch up'.
               | 
               | It definitely is possible that it will be abused, but
               | that will lead to this provision being disbanded, as has
               | happened in the past when dutch LE overstepped their
               | authority. I'm fairly sure that those lessons - and the
               | cases thrown out as a result - have been learned, but of
               | course it is very well possible that we'll see a re-run.
               | 
               | I'm on the fence on this one, I'd say let's see where it
               | leads because it is clear to me that the digital world is
               | moving _much_ faster than law enforcement can normally
               | speaking keep up with and a lot of crime is perpetrated
               | because of that. The risk of abuse of such methods is
               | always present, and  'protections in theory' that are
               | abused tend to find very unsympathetic judges in this
               | country. It's fairly clear that something will have to
               | change if LE is to keep up with the increase in online
               | crime, whether this overshoots the mark or not remains -
               | in my view - to be seen. It definitely has that risk, but
               | then again, so would every other proposal short of the
               | status quo and that clearly isn't effective enough.
        
             | radicalbyte wrote:
             | I'm worried about minorities; our government has a terrible
             | record in recent years.
             | 
             | They'll use this to hound poor people and anyone who isn't
             | white.
        
               | jacquesm wrote:
               | That's a fair criticism, they really do, and any kind of
               | law tends to disproportionally target minorities.
               | 
               | That said, I fail to see how this particular law could be
               | abused in that way, after all, the typical hacking
               | investigation doesn't really know much about the perp
               | until the moment of apprehension. It's _after_ that
               | moment that most of the concern for minorities should
               | kick in, because most of the real life trouble has to do
               | with abusive treatment by the authorities once someone
               | became an identified target. Racial profiling and all
               | kinds of other abuses have been heaped upon minorities
               | time and again, but in the context of hacking suspects
               | prior to apprehension I have no evidence that this has
               | happened.
               | 
               | Usually the problem that this phase of an investigation
               | focuses on (the access to systems that are compromised)
               | is when the hacker is still unknown other than that the
               | authorities are aware they exist.
               | 
               | But I don't doubt that if someone does get arrested and
               | they happen to be a minority that the system will not
               | treat them equally compared to someone who is not a
               | minority. This is a systemic problem that needs
               | addressing, but it isn't directly connected to this law.
        
         | daenney wrote:
         | It also applies to all victims of hackers, irrespective of
         | whether the victims themselves are supposedly criminals or not.
         | So if you get hacked, then suddenly the government can hack you
         | too.
         | 
         | No amount of hypothetical "it could also be used against
         | criminals" balances out the bonkers overreach this represents.
        
           | jacquesm wrote:
           | In theory yes, but in practice this hasn't happened and I
           | really don't expect it to happen. I've seen enough of LE in
           | NL up close to have an idea of how it all hangs together and
           | this article definitely has a point: the law should be worded
           | more carefully but at the same time it isn't going to get out
           | of hand the way the article would have you believe. Plenty of
           | oversight here and judges that take conflicting laws fairly
           | seriously (such as the GDPR, but also laws regarding the
           | gathering of evidence and such).
           | 
           | NL has lots of problems, but lack of judicial oversight over
           | both the police and the intelligence services isn't one of
           | them, in fact you could make a pretty good argument that the
           | degree of oversight actually hinders going after tech savvy
           | criminals. But better too much than too little. This law
           | won't change that by much as far as I can see.
        
             | costco wrote:
             | "Going dark" is a scam - https://crimesciencejournal.biomed
             | central.com/articles/10.11... for instance found that there
             | was no difference in conviction rate for cases involving
             | E2EE encryption vs those that didn't in the Netherlands.
             | The government just wants the halcyon period of
             | surveillance from late 1900s to the early 2000s back but
             | these supposed tech savvy criminals almost never turn out
             | to exist.
        
               | jacquesm wrote:
               | That's a different context entirely.
               | 
               | Obviously the intelligence services would love to be able
               | to tap phones the way they were able to in the past as
               | well as to read all of your mail.
               | 
               | But in practice the network analysis is as much or even
               | more efficient than reading the mail itself in the
               | investigation phase of a case.
        
         | hulitu wrote:
         | Another example are opposition's politicians.
        
       | rollulus wrote:
       | The author of the article is Bert Hubert, starred frequently on
       | HN [1] and has expertise in many fields, including the world of
       | intelligence agencies.
       | 
       | [1]: https://news.ycombinator.com/from?site=berthub.eu
        
         | ahubert wrote:
         | Well I try to :-)
        
           | rollulus wrote:
           | Now I'm star-struck. Thanks for your work.
        
           | sam_lowry_ wrote:
           | Thank you and please keep trying, Bert!
        
       | ahubert wrote:
       | Author here - I mirrored the page on
       | https://berthub.eu/articles/posts/dutch-intel-law-about-inte...
       | since y'all managed to take out the about:intel server!
        
       | Rizz wrote:
       | I suspect this is also to provide a legal framework to
       | automatically remove malware from victim's computers, as has been
       | done before by Dutch authorities without any law permitting such
       | actions, and removing malware is obviously good for society.
        
         | Rizz wrote:
         | And of course it can also be used for gaining entry to hackers
         | systems by infiltrating c&c servers on third party hardware,
         | which also had been done before by Dutch authorities without
         | any existing legal framework to allow this.
        
         | sam_lowry_ wrote:
         | > automatically remove malware from victim's computers,
         | 
         | Like uninstall Windows without permission?
        
         | photochemsyn wrote:
         | All adblock extensions, torrent software and end-to-end-
         | encryption systems will now be classified as 'malware'.
        
       | 13of40 wrote:
       | Assuming a security analyst is allowed to look at content that's
       | been identified as malicious beyond some threshold like 99.9%...
       | 
       | And in order to address emerging threats, they should be able to
       | apply their judgement based on threat indicators like known bad
       | hashes, origin from known bad email addresses or IPs, etc. to
       | call something malicious beyond that threshold...
       | 
       | Does that mean that if they know your account is under attack
       | they can just read all of your emails?
       | 
       | I would give that a big "no" because unless your account has 999
       | malicious emails in it for every benign one, they have not met
       | the criteria.
        
         | coldtea wrote:
         | > _Does that mean that if they know your account is under
         | attack they can just read all of your emails?_
         | 
         | If they "suspect" it is more like it in practice, suspecting
         | also meaning "when they want to target you".
        
           | 13of40 wrote:
           | My point is that unless they can make a case that some random
           | email from your inbox is 99.9% likely to be malicious, then
           | they should not be able to read it. Yes they have a button
           | that lets them read it, but they should not press that
           | button, and if they do they should get their ass sent to the
           | clink.
        
       | greatgib wrote:
       | It is really scary the accelerating trend of creating regulations
       | to restrict or violate basic human rights on the basis of straw
       | man national security reasons...
       | 
       | What is nice with this law is that they can look for things not
       | related to the hack on target devices. If they see something
       | incriminating against you not related to the case, they can still
       | use it against you in a new procedure. Without warrant. How
       | convenient.
       | 
       | In addition, I can easily guess that they don't have to prove
       | that you were really hacked, but mere suspicion or being a
       | potential victim of the hackers might be enough.
        
         | varispeed wrote:
         | What makes me feel puzzled is I remember politicians were
         | condemning these type of actions done in authoritarian
         | countries. I now wonder whether that was a genuine concern or
         | just a tool used for bargaining.
         | 
         | I also find puzzling, that I remember people being outraged if
         | country X done something and now when something like this gets
         | done in Western countries, there is very much indifference.
         | 
         | When I talked about this with a couple of friends, who are not
         | interested in politics, they just shrugged it "why would anyone
         | would be interested in spying on me. I don't do anything wrong,
         | so they can follow me to their heart's content. That would be a
         | waste of time." and so on.
         | 
         | Seems like indeed, the media are powerful in regulating
         | emotions and turning the outrage up and down.
         | 
         | If that topic was on the front pages, using the same language
         | as some other issues that governments are using to cover up
         | their ineptitude (so called dead cats), then maybe people would
         | be more aware and inclined to do something about it. But I can
         | imagine anyone trying to run these kind of stories would be
         | quickly shut down.
        
           | tome wrote:
           | > I remember politicians were condemning these type of
           | actions done in authoritarian countries
           | 
           | I don't remember it. Do you have some citations that would
           | jog my memory?
        
             | ljlolel wrote:
             | See Hong Kong national security law
        
           | ecshafer wrote:
           | When a politician says a country is authoritarian, they don't
           | really care about that. What they mean is that "this country
           | is not friendly to our own imperial interests so they are
           | bad".
           | 
           | The media is owned by these same people that push these laws.
        
           | FpUser wrote:
           | When they do they're bad and we are the good guys. When we do
           | it and are being called for it - it is whataboutism.
        
           | localplume wrote:
           | [dead]
        
         | CTDOCodebases wrote:
         | It's the pushback against technology.
         | 
         | As technology makes individuals more powerful the state wishes
         | to diminish this power.
        
       | explorer83 wrote:
       | So to my understanding what they are proposing is allowing you to
       | be hacked by the government if you are a victim of hacking by
       | another actor. I can see the value of this being able to access
       | log files and other data that could assist in investigating the
       | original hackers. I suppose they wouldn't want to always tip off
       | the victim of hacking because the victim might change something
       | that could scare aware the original hackers or delete useful
       | metadata before the investigation could be carried out. But it
       | essentially could become a free pass for the state to hack
       | anybody. Because 1.) Anyone with a public facing server knows
       | there are bot hacking attempts made against them 24/7 or 2.) Just
       | hire a 3rd party to hack someone then you have immediate cause to
       | get access to their data. This article didn't seem to have a
       | definite answers what kind of protections would be put in place
       | in these events. It sounded like they previously did try to word
       | the law to only pertain to the original investigation but one can
       | only wonder.
        
         | jstarfish wrote:
         | > Just hire a 3rd party to hack someone then you have immediate
         | cause to get access to their data.
         | 
         | This is absolutely what this is about.
         | 
         | Prosecuting cybercrime is a nightmare, especially if it crosses
         | international borders. NL has historically had a bad CSA
         | hosting reputation, though I get the impression LEO hands have
         | been tied.
         | 
         | This legalizes fruit of the poisoned tree. Or at least, blurs
         | the line until the fruit rolls into scope of plain-sight
         | doctrine. Hire some Israelis to pop a machine and you won't
         | have to deal with mapping Tor/VPN connections across all of the
         | world's jurisdictions until it comes back to your own
         | neighborhood.
         | 
         | The way it's phrased, they're positioned to take down entire
         | _networks_ of pedophiles. Compromise a host, then compromise
         | anything connecting to it, etc.
         | 
         | It's ugly but makes a lot of sense, and there really isn't a
         | better solution short of limiting networks to national borders.
         | Anybody who leads a long enough wild goose chase across the
         | world is more untouchable than Pedo Sandiego. This cuts through
         | the shenanigans.
         | 
         | And unfortunately will be abused in time, but it solves the
         | problems of today.
        
           | mtlmtlmtlmtl wrote:
           | I have exactly zero faith that this will solve anything. It
           | will allow them to round up some people, make a big fuzz
           | about it in the press, and then the people they're chasing
           | will simply adapt which is what always happens. Then, all
           | that's left will be diminished rights for innocent people.
        
             | jstarfish wrote:
             | I agree, but look on the bright side-- you now know what to
             | expect. They're being honest with you.
             | 
             | In the US, they'd do this stuff and make up an elaborate
             | story about how they came to discover the evidence they
             | illegally obtained.
        
           | [deleted]
        
         | nonethewiser wrote:
         | Yes. This simply makes it legal for the Dutch government to
         | hack their citizens. It doesn't matter what the intentions or
         | purported rules are, if they are self-regulating then there are
         | no limits. The publicly stated intentions and rules only give
         | some naive people peace of mind.
        
           | belter wrote:
           | Coming from the State that did not yet resolved one of the
           | worst scandals ever...And from the Prime Minister that
           | deleted official government data for years...
           | 
           | "Dutch scandal serves as a warning for Europe over risks of
           | using algorithms" - https://www.politico.eu/article/dutch-
           | scandal-serves-as-a-wa...
           | 
           | "Dutch PM has been deleting text messages daily for years:
           | report" - https://nltimes.nl/2022/05/18/dutch-pm-deleting-
           | text-message...
        
             | FpUser wrote:
             | And those fuckers are not in prison? And then they talk
             | about "our democracy" and teaching other countries how to
             | "respect human rights".
        
               | kleiba wrote:
               | https://en.wikipedia.org/wiki/Parliamentary_immunity
        
               | FpUser wrote:
               | I get it. But I think there should be some limits.
               | Otherwise they can do just about anything and walk away.
               | Taking away children on a basis of pure speculation I
               | think is plain and clear crime from which they should not
               | be absolved.
        
             | bboygravity wrote:
             | Don't overreact, they just kidnapped a few thousand kids
             | from their families and placed them with foster parents due
             | to some bureaucratic hick-ups. No biggy.
             | 
             | /s
        
               | dotancohen wrote:
               | > kidnapped a few thousand kids from their families
               | 
               | What is this?
        
               | FpUser wrote:
               | A sarcasm if you take into account "no biggy" part
        
               | axus wrote:
               | https://nltimes.nl/2022/05/11/1675-children-removed-
               | parents-...
        
               | belter wrote:
               | That is not even the worst...The government resigned
               | because of the scandal. The article below is a "sad face"
               | of the prime minister at the time. I leave it as exercise
               | for the curious reader a comparison with the current
               | prime minister...
               | 
               | "Dutch government resigns over child benefits scandal" -
               | https://www.theguardian.com/world/2021/jan/15/dutch-
               | governme...
        
               | Freestyler_3 wrote:
               | And the same government is in place they just switched
               | some roles around. The PM is still the same.
        
               | redeeman wrote:
               | its funny how when its "government" that does atrocities
               | in the name of "government" and "democracy", its simply a
               | "scandal", but if you or I stormed in and kidnapped the
               | children of members of parliament, it would be a
               | "viscious attack on democracy".
               | 
               | I wonder, at what point does a government become and
               | enemy of the people, and defending oneself is legitimate?
               | is it when the storm troopers comes to take your children
               | based on false premises? if no, what is is then?
               | 
               | im sure a "scandalized government" will say that its
               | "never", but really, when as criminals ever agreed that
               | going against them is okay?
        
       | teamspirit wrote:
       | I'm having issues loading the page. https://archive.is/J3ieO if
       | it helps anyone.
        
       | [deleted]
        
       | FpUser wrote:
       | They are simply jealous of Hitler, Putin, Xi and other upstanding
       | individuals.
        
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