The EU Parliament today approved a new EU regulation on digital identity (eIDAS 2) against the votes of the Pirates and their group: According to the law, a new digital identity app will enable EU citizens to access public and private digital services such as Facebook or Google and to pay online. The deal was approved despite IT security experts and scientists publicly warning against mass surveillance and recently countering disinformation by the EU.

“This regulation is a blank cheque for surveillance of citizens online, endangering our privacy and security online”, comments Pirate Party lawmaker Patrick Breyer. “Browser security is being undermined, and overidentification will gradually erode our right to use digital services anonymously. Mark Zuckerberg should have no right to see our ID! Entrusting our digital lives to the government instead of Facebook and Google is jumping out of the frying pan and into the fire. This deal sacrifices essential requirements the European Parliament had put forward to make the eID app privacy-friendly and secure. The EU misses the opportunity to establish a trustworthy framework for modernization and digitization. We will watch the implementation very closely.”

Pirates Mikulas Peksa and Patrick Breyer worked until the last minute to try and fix at least some of the numerous risks of the EU digital identity scheme. In a major victory, Member States will not be obliged to assign a single unique ID number to every citizen. Signing up for the eID app will be voluntary, and it will remain possible to access public and private services by other existing identification and authentication means. The app client will be open source.

„Overall though the scheme remains a blank cheque for surveillance of citizens online“, concludes Breyer. „As hundreds of scientists publicly warn and contrary to what the EU claims, web browser manufacturers could be forced to expose our securely encrypted Internet use (including intimate and sensitive activities) to government surveillance. This is an unacceptable attack on secure encryption. The eID apps can also be used to monitor our digital lives because there is no requirement of unobservability and unlinkability. The content of our eID wallets (potentially bringing together personal banking data, medical prescriptions and criminal records) could be monitored via central databases because we have no right to store documents exclusively on our personal devices.

The lure of conveniently signing in to private digital services using a single official eID app is a trap. Overidentification will gradually erode our right to use digital services anonymously which currently keeps us safe from criminal activity, unauthorised disclosure, identity theft, stalking and other forms of abuse of personal data. The eID app will not allow for multiple, truly separate user profiles which vulnerable persons rely on.



The server-side code of the eID wallet will not have to be open source, meaning the public cannot know what the code actually does and if it is safe.



In view of all this, the new EU eID app will not be trustworthy and will fail to sufficiently encourage the development of digital and eGovernment services in Europe – much to the Pirates regret.“

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According to a document leaked by netzpolitik.org, the Belgian Council Presidency, led by conservative Home Affairs Minister Annelies Verlinden, proposes minor changes to the controversial EU Commission’s Chat Control 2.0 proposal (officially “child sexual abuse regulation”) in order to secure a majority among EU governments. The proposed “new approach” will be discussed on Friday in a Council working group and on Monday by the EU interior ministers.

Pirate Party Member of the European Parliament and most vocal opponent of chat control Patrick Breyer criticises:

“Now that the extension of voluntary chat control 1.0 has been agreed, EU Commissioner ‘Big Sister’ Johansson and her network are immediately go back to making general mass monitoring of our private messages mandatory and destroying secure encryption of our chats.

Verlinden’s claim that her proposal was ‘more targeted’ than the Commission’s is a brazen lie. Nothing is targeted about it, in the meaning of the European Court of Justice. In reality, the proposal again aims to impose on communications services the unreliable automated mass monitoring of private chats of citizens who are not even remotely connected to child sexual abuse. This destruction of the digital privacy of correspondence has unanimously and repeatedly been rejected by independent legal experts as likely illegal and subject to annulment in court. The proposed untargeted scanning of ‘parts’ of a service has also long been been officially rejected by the EU Council’s own legal service. Law enforcement paranoia about ‘threats’ and ‘risks’ does not justify deploying unreliable suspicion machines to search and expose the private and intimate communications of millions of law-abiding citizens.

Verlinden’s claim that her proposal would protect cyber security and encrypted data also constitutes disinformation. In reality, secure end-to-end encryption would be destroyed as a result of installing chat scanning technology on our private devices (so-called client-side scanning). Just a fortnight ago, the European Court of Human Rights banned such general weakening of secure end-to-end encryption because encryption protects us all from data theft and fraud. Secure encryption saves lives, the Belgian initiative jeopardises them.

With their minimal amendments, the intransigent Belgian hardliners are ignoring the alternative and much more effective measures proposed by the European Parliament to protect children: Security by design obligations for communications services, cleaning the open Internet, removal obligations – none of this is part of the Belgian initiative.

This latest attack on digital privacy of correspondence and secure encryption is doomed to fail both politically and legally. Likely Verlinden doesn’t even have her own government’s backing. By clinging to chat control mass surveillance, Verlinden will achieve nothing at all to better protect our children. Victims of abuse deserve politicians who are able to protect children effectively, in line with fundamental rights and in a court-proof way.”

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Following an initiative of the Pirate Party, the European Parliament will discuss the looming extradition and prosecution of Wikileaks founder Julian Assange and its implications on freedom of the press on Wednesday. In a narrow vote on Monday, the majority of MEPs decided to request EU Commission and Council statements on the case followed by a political debate.

Patrick Breyer, MEP for the German Pirate Party, is delighted:

“We have put an end to the EU’s silence and looking the other way on Assange. Double standards just because the United States are an ally undermine Europe’s credibility when it comes to upholding human rights.

The US wants to make an example of Wikileaks founder Julian Assange to make sure no one will dare to leak internal information that exposes war crimes, unlawful detention, human rights violations and torture by the world power ever again. To us Pirates, such transparency is both a mission and an obligation, because transparency is the only way to hold the powerful accountable for state crimes and stop abuses of power. That is why we are calling for the release of Julian Assange.

When I raised the Assange case during a trip to the USA by the Home Affairs Committee, government representatives told me that every journalist would be prosecuted according to the same standards. In other words, freedom of the press and investigative journalism, our right to truth and justice are at stake here.

The world is now looking at the UK and its respect for human rights and the Convention on Human Rights. Britain’s relationship with the EU is at stake if it fails to respect its obligations.”

Previously, a group of 46 MEPs from different political groups had already sent a final appeal to the British Home Secretary to protect Wikileaks founder Julian Assange and prevent his possible extradition to the United States. In a letter to the British Home Secretary last week, the signatories emphasised their concerns about the Assange case and the impact on press freedom as well as the serious risks to Assange’s health in the event of extradition to the US. According to the letter, the US government is attempting to use the Espionage Act of 1917 against a journalist and publisher for the first time. If the US succeeds and Assange is extradited, this would mean a redefinition of investigative journalism. It would extend the application of US criminal laws to the whole world and also to non-US citizens, without extending the application of the US constitutional guarantee of freedom of expression.

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