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[liberationtech] in anticipation of Stockholm Internet Forum...

Stefan Geens stefan.geens at gmail.com
Sat Apr 14 09:43:03 PDT 2012


> I'm almost certain that the FRA law specifically allows the Sapo
> (Säkerhetspolisen) to grab everything.
> 
> All the best,
> Jake

I thought so too, until I read the law and the legal analysis around it while researching the article.

The original 2008 law can indeed be interpreted as you do, but then came the revised 2009 law as a result of all the uproar. The 2009 version is much more restrictive in who can order a tap, why, how, and for how long.

For example, a tap can only be initiated by "the government, government offices and the armed forces", a court order is required, and is only valid for a specific length of time - max 6 months (renewable by the court). (Section 4 and 5)

For the sake of completion:
In the extraordinary case that there is such urgency that getting a court order would take too long, an appointed duty officer at the FRA can make the decision to tap in the interim, but the court will then look at the evidence ASAP and if it turns out the tap is unwarranted, it is stopped, the collected data has to be destroyed and there is an investigation into how and why the unwarranted request was made. (Section 5b)

The 2009 version of the law, which is currently in force: https://lagen.nu/2008:717 
or as a PDF: http://62.95.69.3/SFSdoc/09/090967.PDF

The original law in 2008, for comparison, as a PDF: http://62.95.69.3/SFSdoc/08/080717.PDF

Regards,

Stefan

--
stefan.geens at gmail.com
@stefangeens @ogleearth @dliberation
+46 73 504 5261
Skype: stefan.geens
PGP: 0x54ABD155F7CE9B68
--

On 14 Apr, at 15:14, Jacob Appelbaum wrote:

> On 04/14/2012 03:51 AM, Fabio Pietrosanti (naif) wrote:
>> On 4/14/12 9:47 AM, Andre Rebentisch wrote:
>> snip [...]
>>> but only after obtaining court
>>> permission, and upon the explicit request of government or defense
>>> agencies."
>>> 
>>> In other words, Sweden does monitor all traffic.
>> 
>> Almost all countries have capabilities to monitor internet traffic at
>> borders.
>> 
>> It seems to me that Sweden is so civil that even the intelligence need
>> to ask a court order to do so.
>> 
>> In italy Law Enforcement need a court order, but Intelligence does not.
>> 
> 
> I'm almost certain that the FRA law specifically allows the Sapo
> (Säkerhetspolisen) to grab everything.
> 
> All the best,
> Jake
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