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[liberationtech] in anticipation of Stockholm Internet Forum...
Marcin de Kaminski
marcin.de_kaminski at soclaw.lu.se
Sat Apr 14 12:53:13 PDT 2012
Stefan Geens skrev 2012-04-14 18.43:
>> 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://22.214.171.124/SFSdoc/09/090967.PDF
> The original law in 2008, for comparison, as a PDF: http://126.96.36.199/SFSdoc/08/080717.PDF
Actually, the issue now is that Swedish LEA and parts of the DoJ are
interested in letting the ordinary LEA into the information collected by
FRA. I think this will be "the battle", quite soon.
With that said, FRA themselves have not been please with the law at all
- since it actually puts some boundaries to their everyday job which is
Marcin de Kaminski
PhDc Sociology of Law, University of Lund - www.soclaw.lu.se
Cybernorms research group - www.cybernormer.se / www.cybernorms.net
Personal homepage - www.dekaminski.se
Email: Marcin.de_Kaminski at soclaw.lu.se
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