{"id":85228,"date":"2018-03-14T14:59:02","date_gmt":"2018-03-14T13:59:02","guid":{"rendered":"https:\/\/www.erasmusmagazine.nl\/en\/?p=85228"},"modified":"2025-12-19T11:22:57","modified_gmt":"2025-12-19T10:22:57","slug":"moet-ik-nou-voor-of-tegen-de-omstreden-sleepwet-stemmen","status":"publish","type":"post","link":"https:\/\/www.erasmusmagazine.nl\/en\/2018\/03\/14\/moet-ik-nou-voor-of-tegen-de-omstreden-sleepwet-stemmen\/","title":{"rendered":"Should I vote for or against the controversial \u2018trawling law\u2019?"},"content":{"rendered":"

To which lengths are the Dutch intelligence and security services allowed to go to guarantee Dutch citizens\u2019 safety? Their limits and authorities are set down in the Intelligence and Security Services Act (Wiv). The old law dates from 2002 and is in need of an overhaul, according to a majority of the members of the Dutch Senate and House of Representatives. Nevertheless, five students have managed to call a consultative referendum on the \u2018trawling law\u2019 \u2013 meaning that on 21 March you are allowed to vote for<\/em> or against<\/em> the renewed Wiv.<\/p>\n

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\n\t\n\n<\/svg>\n<\/span>\n\tImage by:<\/span>\n\n\t\t\t\n\t\t\t\t\t\t\tAnouk van Kalmthout & Aysha Gasanova<\/span>\t\t\t\t\t<\/span>\n\t<\/p>\n<\/figcaption><\/figure>

On Monday evening, the head of the General Intelligence and Security Service (AIVD), Rob Bertholee, met with students on campus to discuss the Wiv. Young people in particular are sceptical about the new law: the most recent survey shows that 42 percent of 18 to 24-year-olds oppose the changed law<\/a>.\u00a0After the AIVD boss shared his perspectives, 71 percent of the over 130 attendees indicated that they would vote for the new law, whereas only a quarter of them were in favour when the evening started.<\/p>\n

Five questions for Rob Bertholee (AIVD) and Dimitri Tokmetzis (data reporter for De Correspondent and author of Je hebt w\u00e9l iets te verbergen (\u2018You do have something to hide\u2019)<\/em>.<\/p>\n

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    When are intelligence services allowed to monitor my app messages, chats and searches?<\/p>\n<\/li>\n<\/ol>

    Bertholee:<\/strong> \u201cWhen we have reason to believe that someone poses a threat to the Netherlands. In such cases the AIVD may use these authorities, under strict conditions, to determine the individual\u2019s precise plans. The fear that we will constantly be looking over people\u2019s shoulders online is unfounded. We will always perform the most targeted searches possible for information about people who form a threat to our country. Our objective is always to defend our democratic rule of law and national security. Precisely so that citizens can keep expressing their points of view.\u201d<\/p>

    Tokmetzis: <\/strong>\u201cIn effect, the services are already able to do so, but the new law would make it a lot easier for them. If your housemate is under suspicion, the AIVD would actually be allowed to tap all online communications in your student house. I think calling it a gigantic \u2018trawl\u2019 is a bit too rich \u2013 that would basically yield more information than could be effectively processed. However, it will be difficult for the AIVD to quickly determine which information is relevant for the investigation and which isn\u2019t. This means that innocent citizens will often be tracked for an unnecessarily long time.\u201d<\/p>

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      The new law authorises services to hack my telephone or laptop. Why is this even allowed when I\u2019m not suspected of any wrongdoing?<\/p>\n<\/li>\n<\/ol>

      Tokmetzis:<\/strong> \u201cThat\u2019s a fairly unpleasant aspect of this new law. It was mainly added to allow the services to operate more efficiently: far-reaching hacking authorities allow them to break into the systems of innocent third parties to reach suspects\u2019 telephones or servers. I find this approach a bit lazy, and don\u2019t believe it can be justified from a constitutional point of view.\u201d<\/p>

      Bertholee:<\/strong>\u00a0\u201cThe AIVD is only able to set up an investigation when there is reason to believe that someone poses a threat to national security. In this context we always weigh up whether the means are proportionate to the ends, and whether we can\u2019t suffice with a less intrusive instrument to achieve the same results. In other words, we aren\u2019t allowed to hack a laptop or phone whenever we please. Incidentally, it\u2019s already possible to hack a third-party device under the existing Wiv.\u201d<\/p>\n\t

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      \n\t\t\u2018We always weigh up whether the means are proportionate to the ends\u2019\n\t<\/blockquote>\n\n\t\t\t
      \n\t\t\t\t\t\t\t–<\/span>\n\t\t\t\n\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\tRob Bertholee, Director-General of the AIVD\n\t\t\t\t\t\t<\/span>\n\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t<\/span>\n\t\t\t\t\t<\/figcaption>\n\t<\/figure>\n\t\t<\/div>\n\t<\/div>\n
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      \n\t\n\n<\/svg>\n<\/span>\n\tImage by:<\/span>\n\n\t\t\t\n\t\t\t\t\t\t\tAysha Gasanova<\/a>\t\t\t\t\t<\/span>\n\t<\/p>\n<\/figcaption><\/figure>

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        How will universities\u2019 academic freedom \u2013 e.g. the security of confidential research data and the exchange of information \u2013 be guaranteed under the new law?<\/p>\n<\/li>\n<\/ol>

        Bertholee:<\/strong> \u201cThe AIVD has been established precisely to protect our freedom \u2013 including that of academics. For example, one of our tasks is investigating possible cases of espionage \u2013 which can also target scientific information. In principle, we have no interest whatsoever in confidential research data or the exchange of information within the academic community. The AIVD will only move into action in response to a potential threat to national security or the democratic rule of law.\u201d<\/p>

        Tokmetzis:<\/strong>\u00a0\u201cAcademics whose research focuses on radicalisation, for example \u2013 be it radical Islamism or the far right \u2013 enjoy insufficient protection under the new law. And the same applies for journalists and lawyers \u2013 they also maintain contacts with people who are under suspicion. The new law will make it more difficult for them to remain in touch. I\u2019m a journalist myself, and if the AIVD wants to hack me, they\u2019ll be able to eventually. Although I do take various measures to discourage this \u2013 and so should you as an academic. Encrypt your research data and communications, don\u2019t share any confidential files online and use computers that are disconnected from the internet.\u201d<\/p>\n\t

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        PhD student cybersecurity Bernold Nieuwesteeg about the new intelligence act<\/h2>\n\t\t\t\n\t\t\t