New Dutch Law Would Allow Bulk Surveillance

The Netherlands has launched a public consultation on a draft bill that updates the country's existing Intelligence & Security Act of 2002. The proposed bill is wide-ranging, covering things like the use of DNA samples and the opening of letters, but a key part concerns the regulation of bulk surveillance online. 

Under the new law, mandatory cooperation will be required from "not only providers of public electronic communications networks and services, but also providers to closed user groups, including telcos, access providers, hosting providers and website operators."

Importantly, domestic interception is explicitly allowed: "The services are authorized to, using a technical aid, wiretap, receive, record and listen to any form of telecommunications or data transfer via an automated work [a computerised system] regardless of location." However, a new constraint on bulk collection is introduced: all such interceptions must be conducted in a "purpose-oriented manner." As Koot notes, this aims to "limit the hay stack created using non-specific interception to relevant information," although it is not yet clear how broad those "purposes" can be....

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