VIENNA, 8 July 2016 – OSCE Representative on Freedom of the Media Dunja Mijatović, today expressed concern about a proposed law on the German Foreign Intelligence Agency (BND, Bundesnachrichtendienst), which was debated in the Bundestag, Germany’s Federal Parliament, today.

“Increasing surveillance capabilities of journalists is a clear threat to media freedom,” Mijatović said. “This draft law runs counter to the very core of fundamental freedoms such as media freedom and freedom of expression.”

The draft law increases BND’s capabilities to place foreign journalists under surveillance. Moreover, no exemption is made for the work of journalists, and journalists without citizenship of the European Union can be subjected to surveillance without an explicit court order.

“I call on the German Bundestag to revise the current draft law and ensure proper the protection of journalists regardless of their nationality,” Mijatović said.

The OSCE Representative on Freedom of the Media observes media developments in all 57 OSCE participating States. She provides early warning on violations of freedom of expression and media freedom and promotes full compliance with OSCE media freedom commitments. Learn more at www.osce.org/fom, Twitter: @OSCE_RFoM and on www.facebook.com/osce.rfom. 

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Privacy: In the analog world of our parents, it was absolutely unthinkable that the government would demand to know every footstep you took, every phonecall you made, and every message you wrote, just as a routine matter. For our digital children, government officials keep insisting on this as though it were perfectly reasonable, because terrorism, and also, our digital children may be listening to music together or watching TV together, which is illegal in the way they like to do it, because of mail-order legislation from Hollywood. To make things even worse, the surveillance is retroactive — it is logged, recorded, and kept until somebody wants all of it.

About ten years ago, a colleague of mine moved from Europe to China. He noted that among many differences, the postal service was much more tightly controlled — as in, every letter sent was written by hand onto a line in a log book, kept by the postmaster at each post office. Letter from, to whom, and the date.

At the time, three things struck me: one, how natural this was to the Chinese population, not really knowing anything else; two, how horrified and denouncing our analog parents would have been at this concept; three, and despite that, that this is exactly what our lawmaker analog parents are doing to all our digital children right now.

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This is a concept so bad, not even Nineteen-Eighty Four got it: If Winston’s telescreen missed him doing something that the regime didn’t want him to do, Winston would have been safe, because there was no recording happening; only surveillance in the moment.

If Winston Smith had had today’s surveillance regime, with recording and data retention, the regime could and would have gone back and re-examined every earlier piece of action for what they might have missed.

This horror is reality now, and it applies to every piece in this series. Our digital children aren’t just without privacy in the moment, they’re retroactively without privacy in the past, too.

(Well, this horror is a reality that comes and goes, as legislators and courts are in a tug of war. In the European Union, Data Retention was mandated in 2005 by the European Parliament, was un-mandated in 2014 by the European Court of Justice, and prohibited in 2016 by the same Court. Other jurisdictions are playing out similar games; a UK court just dealt a blow to the Data Retention there, for example.)

Privacy remains your own responsibility.

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This integration broadens the business’ ability to ensure door-to-door security and capture access related data to store, search and notify of exceptions in the cloud.

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