National security law

The Real Danger of China’s National Intelligence Law

Not enough can be said about the insidious and pervasive power of China’s National Intelligence Law, which came into effect in July 2017.

This may be one of the reasons that Communist Party legal authorities are attempting to defend the law in the international media. Dr. Gu Bin, of the Beijing Foreign Studies University, writes in his opinion piece in the Financial Times that “Western fears of party influence on Chinese companies are overblown.”

Gu attempts to reassure the world that China’s National Intelligence Law, “in particular Article 7,” is “often misunderstood.” But amid rising concerns about the long and deep reach of the Chinese Communist Party (CCP) into Chinese telecommunications and other Chinese-owned and operated companies around the world, Gu may have inadvertently encouraged readers to arrive at exactly the opposite conclusion.

Article 7 of the law, Gu writes, creates the “obligation of Chinese citizens to support national intelligence work.” However, “it does not authorize pre-emptive spying; national intelligence work must be defensive in nature.”

Thus, in so many words, a leading CCP law professor acknowledges that the law does indeed oblige citizens to spy on one another — the only question is at what point in the process the spying can legally begin.

National security law

May: I’ll rip up human rights laws that impede new terror legislation

Theresa May has declared she is prepared to rip up human rights laws to impose new restrictions on terror suspects, as she sought to gain control over the security agenda just 36 hours before the polls open.

The prime minister said she was looking at how to make it easier to deport foreign terror suspects and how to increase controls on extremists where it is thought they present a threat but there is not enough evidence to prosecute them.

The last-ditch intervention comes after days of pressure on May over the policing cuts and questions over intelligence failures, following terror attacks on London Bridge, Manchester and Westminster.

National security law

Quack attack: Russian MP proposes up to 5 years in prison for killer wizards, folk healers

A ruling-party lawmaker has drafted a bill targeting people who practice folk medicine and magic without proper state registration. Under the motion, such people could face up to five years in prison if their activities cause the loss of human life.

The author of the bill is MP Vitaly Milonov of the United Russia party, known as a relentless defender of Orthodox Christian values and the main sponsor of the Russian law banning the promotion of non-traditional sexual relations to minors.

This time, Milonov wants the Russian Criminal Code amended with a separate article ordering large fines or up to three years in prison for practicing “occult and magic activities,” as well as folk medicine, without a proper license from government bodies. The punishment could be increased to five years in prison when the illegal magic causes a loss of human life or especially-large material damage.

The bill introduces the definition of occult and magical activities as any services provided by astrologers, fortune tellers, magi, spiritualists, psychics and clairvoyants, and aimed at diagnosing and affecting the spiritual world and property of a person. However, the rules and the need to register apply to providers of magical services even if they do not name their professional activities with some exotic term, but use simple words like consultant or expert.

National security law

Discontent and skepticism

An ambitious plan to launch a nationwide consultation on Canada’s national security regime didn’t go over well, according to internal reports prepared by the federal government.

Academics, experts, and businesses confided to Ottawa “discontent with how the questions are framed” and consistently expressed “skepticism of the need for new investigatory powers,” according to documents obtained by VICE News under the Access to Information Act.

While those who were consulted did tell the federal government they appreciated being asked, they were not very fond of the topics that came up. When it came to everything from giving police the power to force suspects to decrypt or unlock their cell phone or computer, to requiring companies to hang on to Canadians’ data for prolonged periods of time, the stakeholder responses were less than receptive.

National security law

China proposes law to codify investigations of foreigners

China’s intelligence agencies would have stronger powers to monitor and investigate foreigners in the country and Chinese citizens everywhere under a newly proposed law codifying the work of Beijing’s vast security apparatus.

The government under President Xi Jinping over the past several years has sought to expand and provide legal foundations for intelligence agency powers in the name of national security and combating terrorism.

The moves have sparked concern from the U.S. government and human rights groups that say the new powers could be used to suppress political dissent, silence foreign organizations working in China and force technology companies to give the Communist Party access to sensitive information.

A coalition of business groups from Japan, Britain, the U.S. and other countries this week appealed to China to postpone a newly adopted cybersecurity law. They warned it could violate Beijing’s free-trade commitments. Chinese officials maintain tighter data controls are needed to prevent terrorism and anti-government activity.

National security law

US Senate Approves Law to Improve National Security Through Food Assistance

The law seeks to address global hunger based on the premise that food insecurity is a threat to US national security as well as the international economy.

"This legislation will not only benefit our national security, it will also have a real, direct impact on the lives of children, mothers and families around the world," Isakson stated.

If approved, the measure will create an emergency food response fund with money allocated for disaster assistance. It will also coordinate US development programs to enhance agricultural productivity and local economies in areas of need.

The Senate Committee on Foreign Relations passed the bill last month.

National security law

National Security Letters are now constitutional, judge rules

A judge who in 2013 declared that National Security Letters (NSLs) were unconstitutional has now changed her mind in an unsealed ruling made public Thursday.

Federal investigators issue tens of thousands of NSLs each year to banks, ISPs, car dealers, insurance companies, doctors, and others. The letters, which demand personal information, don't need a judge's signature and come with a gag to the recipient that forbids the disclosure of the NSL to the public or the target.

The NSL brouhaha strangely isn't even about the Fourth Amendment right to privacy, as the courts have generally stated that the information sought in the letters is a business record not protected by the Constitution. Instead, the legal fight is about the First Amendment. 

US District Judge Susan Illston ruled three years ago that NSLs were an unconstitutional infringement of speech. But following her ruling, the law was changed to allow the recipients of the letters in certain and very limited circumstances to disclose their existence—albeit with numerous caveats. The law's change "cures the deficiencies previously identified by this Court," Illston wrote.

National security law

Senate Panel Passes Biomedical Innovation Legislation

The Senate Health, Education, Labor and Pensions Committee on Wednesday approved the Medical Countermeasure Innovation Act, S. 2055, which aims to improve the nation’s preparedness to counter biological threats, including smallpox and anthrax, as well as such naturally emerging disease threats as Zika and Ebola.

Introduced by Senators (Richard) Burr (R-NC) and (Bob) Casey (D-PA), the bipartisan legislation would accelerate the pace of medical countermeasures, including vaccines and medicines, for public health emergencies. Essentially, if a company develops a drug and it’s approved, they get a voucher they can keep or sell that will speed up the review of another drug.

“Today we marked up seven more bills incorporating about 15 more bipartisan proposals and that—with the seven bipartisan bills passed last month—gives a substantial start to our innovation companion to the 21st Century legislation passed by the House of Representatives,” said Sen. Lamar Alexander (R-Tenn.). “This committee produced an education bill that I considered to be the most important piece of legislation last year, and I think we can produce the most important bill of the Congress this year because our work on this bill will affect virtually every American.”

National security law

UK draft super-spy law 'not fit for purpose,' say 100s of senior lawyers

IPB An open letter signed by hundreds of senior lawyers and several high-profile QCs (Queen's Counsels) has criticized the UK's Conservative government for pushing a surveillance bill that is "not fit for purpose."

More than 200 lawyers, including several who have been closely involved in cases surrounding evidence from the security services, signed the letter, which argues that there need to be "significant revisions" to the draft Investigatory Powers Bill (IPB) – otherwise known as the Snooper's Charter – if it is to meet "international standards" for surveillance.

The letter states: "A law that gives public authorities generalized access to electronic communications contents compromises the essence of the fundamental right to privacy and may be illegal."

That statement is especially pertinent given the EU's recent "Privacy Shield" agreement with the United States that was developed following very similar concerns over mass surveillance.

National security law

Merge all spy laws, report recommends

After decades of tinkering and dozens of ad hoc changes, it's been recommended New Zealand's numerous spy laws be scrapped and replaced with a single piece of legislation.

The country's first-ever independent review of intelligence and security has just been released, blasting the current laws as inconsistent, difficult to interpret, not comprehensive and lacking clarity.

In all, 107 recommendations have been made -- top of the list is a merger of the Security Intelligence Service Act, Government Communications Security Bureau Act, Inspector-General of Intelligence and Security Act and the Intelligence and Security Committee Act. 

Former Deputy Prime Minister Sir Michael Cullen co-authored the review, and says the fragmented nature of the current framework means the agencies are not working effectively or efficiently, and officials are uncertain about what the law even permits.

National security law

UK Government Revises Draft Internet Spy Law After Criticism

The British government says it has amended a proposed Internet surveillance law to strengthen privacy protections after criticism from lawmakers.

Home Secretary Theresa May published the Investigatory Powers Bill on Tuesday, saying she hoped it would get parliamentary approval and become law by the end of the year.

The bill gives police and spies broad powers to obtain records of websites, apps and messaging services people have visited, and requires telecommunications companies to keep records of customers' Web histories for up to a year.

The bill was revised after lawmakers recommended changes to protect privacy and spell out authorities' powers more clearly.

http://abcnews.go.com/Technology/wireStory/uk-government-revises-draft-internet-spy-law-criticism-37308757

National security law

Changes in NZ spy laws on the cards

Parliament's Intelligence and Security Committee will meet next Tuesday to decide when the review will be released.

The review - announced last year - looked at the adequacy of the law governing the Security Intelligence Service, and how the Government Communications Security Agency legislation is working.

It was carried out by the former Labour deputy prime minister Sir Michael Cullen and the lawyer Dame Patricia Reddy.

John Key said some changes were now likely, based on the review's recommendations.

"There's a general perspective that the SIS legislation at the moment is not fit for purpose. I think there are areas where they can see improvement in the way the GCSB and the SIS can work together."

http://www.radionz.co.nz/news/political/297768/changes-in-nz-spy-laws-on-the-cards

National security law

The UK's Proposed Spy Law Would Force Apple to Secretly Hack its Phones Too

The FBI's demand that Apple craft new software to bypass iOS's security protections has ignited a worldwide debate about a government's ability to force tech companies to sabotage their own security. One repeated question has been: will other countries, like China, demand the same powers?

You don't need to look to Beijing—or even the future—to find the answer to that question. The newly proposed British spying law, the  Investigatory Powers Bill (IPB), already includes methods that would permit the British government to order companies like Apple to re-engineer their own technology, just as the FBI is demanding. Worse, if the law passes, each of these methods would be accompanied by a gag order. Not only would Apple be expected to comply, but the IPB would insist that Tim Cook could not tell the public what was going on without breaking UK law. At least in the current fight between Apple and the US government, we're having the debate out loud and in public.

https://www.eff.org/deeplinks/2016/02/investigatory-powers-bill-and-apple

National security law

China’s Comprehensive Counter-Terrorism Law

China’s first comprehensive anti-terrorism bill, passed at the end of 2015, took effect on the first day of 2016. Prior to its passage, the draft law had attracted harsh criticism from human rights groups, technology companies, and the U.S. government. Despite obvious advances compared to the two previous draft versions, the final law has been denounced as “sweeping” and “tough” by Western media.

In their reporting on the final law, the Western media usually associated it with the execution of a Chinese national by the Islamic State, numerous deadly attacks by Uyghur extremists, the Christmas terrorism alert in the shopping neighborhood of Sanlitun in Beijing, and the expulsion of a French journalist from China for her article blaming government policy for terrorist activities. All these incidents make up the backdrop against which the law emerged and will be implemented.

National security law

Commentary: U.S. accusation over China's anti-terrorlegislation hypocritical, groundless

By throwing bricks over China's draft anti-terrorism law, Uncle Samhas once again defended its championship of "Master of Double Standards," reminding the planet that only the United States can steal a horse while others cannot even look over the hedge.

The draft, the latest attempt of China to address terrorism at home and help maintain world security, is by no means a "wicked legislation," as framed by Washington, to limit freedom of speech and invade privacy.

On the contrary, as Internet is frequently used by terrorists in planning and conducting attacks, some items in the law is completely reasonable and will not constitute a breach of citizens' privacy or freedom of speech.

National security law

Red Sun Rising

Japan’s new national security laws are designed to help maintain the balance of power in the region in the face of the rising China. If the regional balance is maintained, it will be easier for Japan to prevent hardliners in China from becoming more influential, and to convince Chinese leaders and people that a cooperative approach is the best way to make China a great and respected nation.

The new security laws will also strengthen Japan’s commitment to the defense of South Korea. They will make it possible for Japan to shoot down ballistic missiles that North Korea has launched against Guam or Hawaii, protect U.S. naval vessels fighting for South Korea even before Japan is attacked, and undertake minesweeping operations in the vicinity of the Korean Peninsula—all by exercising the right of collective self-defense.

National security law

Counter-extremism law and liberal values

Having just read the piece by Jonathan Dimbleby discussing the proposed anti-terrorism legislation where he propagates the notion that the laws being suggested are an attack on one of our “most fundamental of principles” (For freedom of speech, these are troubling times, 21 September), I have to say to him and all those who follow his line of reasoning that they are wrong.

The proposed laws are to protect our fundamental principles of freedom – freedom of speech, freedom to believe in whichever religion (or none at all), and most importantly our right to life.

National security law

Factbox: Main elements of Japan's security legislation

The upper house of Japan's parliament is expected to enact into law this month legislation that could enable Japanese troops to fight overseas for the first time since World War Two.

Prime Minister Shinzo Abe says the changes are needed to address new challenges such as China's growing military assertiveness. Critics say the laws violate the pacifist constitution and could entangle Japan in U.S.-led conflicts.

Below are key points of the legislation, which consists of one new law and revisions to 10 existing laws.

National security law

China’s New National Security Law

The Chinese government made headlines around the world on July 1 when the Standing Committee of the National People’s Congress passed a sweeping new national security law. The scope of the law, China’s most comprehensive piece of national security legislation to date, is broad. It covers issues of political security, military security, economic and financial security, social and cultural security, nuclear security, ecological security, and more. The final version of the law makes clear that the country’s leadership sees its security interests as extending far beyond the physical borders of mainland China, reaching to the depths of the sea, into outer space, and perhaps most importantly, into cyberspace.