Subject: [Raven] Dutch wiretap abuse of power

From: Ed Stone <[email-masked]>
Date: Tue, 30 Nov 1999 10:09:22 -0500

The Netherlands shows an interesting case of law enforcement abuse of power 
on wiretapping:

"XS4ALL Internet Friday filed a complaint with Chief Public Prosecutor 
Vrakking in Amsterdam against the Examining Magistrate and Public 
Prosecutor who ordered XS4ALL on October 31st to tap the Internet traffic 
of one of its users."

"XS4ALL has therefore filed a complaint on the basis of Articles 365 of the 
Code of Criminal Procedure and article 140 of the Penal Code. Article 365 
of the Code of Criminal Procedure implies 'coercion' by a civil servant, 
whereby a civil servant abuses his authority and compels someone to do 
something. In this case, the civil servants involved knew that the 
instruction was not founded in law and abused their authority by still 
demanding that their instruction be followed. Furthermore, publications 
also reveal that the same instruction has been given to various other 
Internet Providers and that there were lengthy discussions with them. There 
are therefore adequate grounds for suspecting the civil servants involved 
of participation in an organisation engaged in committing crimes; Article 
140 of the Penal Code applies."

http://www.xs4all.nl/spotlight/tap_e.html

The Court's finding:

"XS4ALL is very pleased with the verdict since it confirms our opinion that 
we are dealing with an illegal method of investigation. The court's verdict 
has proven that claims can always be judged on their legal tenability. This 
has made it blatantly clear that XS4ALL made the right decision in 1997 not 
to cooperate with the tapping procedure on the basis of article 125i."

http://www.xs4all.nl/spotlight/uitspraak_e.html

--
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Ed Stone
[email-masked]
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From: "chefren" <[email-masked]>
Date: Wed, 1 Dec 1999 01:50:02 +0100

HO!

This is very old "news", 1997.

The law of december 1998 has changed this all.

+++chefren