FC: Spain anti-terror plans contemplate more surveillance, searches

[Declan McCullagh <declan () well com>]

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Date: Thu, 04 Oct 2001 15:08:46 +0200
To: "declan () well com" <declan () well com>
From: Jose M Guardia <joseg () guardiasociados com>
Subject: SPAIN

Declan,

The current wave of Governments seeking limits on civil liberties in order 
to fight terrorism is sweeping overseas, too.

According to several newspapers today, Spain's government is contemplating 
new legislation that would allow Intelligence Services to snoop on 
communications by individuals -both digital and analog- and to search homes 
without a previous court order, for a limited time and in cases of 
terrorism only. This possibility would be allowed in urgent cases only and 
would require the intelligence services to submit the action for approval, 
immediately afterwards, to a Supreme court justice specially appointed for 
this.

This is not only a reflect of the new concerns by all the Western world 
after Sept 11 terrorist attacks in NY and Washington; it also has to be 
understood in the internal context of the fight against ETA, the Basque 
terrorist group with a death toll of almost 900 people since it surfaced in 
the beginning of the sixties.

This new snooping and searching powers are a part of a new law revamping 
Spain's secret services, which would transform the former 
military-controlled CESID into a modern, fully civilian National 
Intelligence Center. In this aspect, it is an initiative most welcome by 
most of Spain's political parties; particularly because the controversial 
CESID, even with the advent of democracy in the mid-70s after General 
Franco's 40-year dictatorship, was accused of secretly exceeding its 
powers, creating secret files full of information on several of public 
personalities, even regularly recording cell phone conversations by 
personalities as king Juan Carlos I himself.

The legislation, however, won't be in effect, even if approved by the 
government presided by conservative Jose Maria Aznar as the current project 
is, until it asses in Spanish parliament. Aznar's Popular Party hold the 
absolute majority in seats there, although the reports indicate he 
apparently is willing to reach consensus with the other parties, as he has 
normally done in these sensitive matters. However, the Socialist Party -the 
main one in the opposition- has consistently backed all anti-terrorist 
measures by Aznar's government, since both parties have been the most 
struck by ETA in the last few years.

Still, it is unknown what will be the Socialist party -and in general, the 
public opinion- reaction to such proposal directly affecting the civil 
liberties. Like in the US now, in Spain there's always been a consistent 
and relevant number of citizens thinking that police (or secret service) 
should do whatever it takes in order to fight terror. But there are 
precedents of the effects of an adverse public opinion: a few years ago, 
the Socialist Party, then in power, had to withdraw a law allowing police 
to break into suspected terrorist homes without judge's permission, because 
of public's pressure.

Just you might be interested in this.

Best regards,

Jose


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Jose M Guardia
Internet, Media & Technology Analyst
Barcelona, Spain
Ph. (++34) 629-74-26-24
E-mail: joseg () guardiasociados com
www.guardiasociados.com
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