Dutch intelligence agencies may gain sweeping new powers. What could go wrong?
Translated from Dutch and summarized by DistantNews. Read the original for the full story.
At a glance
- The Dutch cabinet has proposed allowing intelligence agencies to investigate government-designated adversaries, including Russia, China and Iran, with less prior oversight.
- The bill would largely remove the requirement for the intelligence oversight committee to approve each wiretap or hack in advance, allowing operations against a designated adversary for up to a year.
- Supporters say the changes are needed to counter espionage and cyberattacks, while critics warn they could create a vague category of opponents and increase politicization risks.
The Dutch government wants intelligence agencies to be able to tap, track and hack designated adversaries for up to a year without seeking prior approval each time. The proposal has been presented as a necessary response to Russian and Chinese threats, but critics fear it could put the red carpet out for autocrats.
Absolutely necessary to keep protecting the Netherlands and our allies.
The bill would allow the government to designate opponents beyond Russia and China, potentially including Iran. Under current law, every request to intercept communications or conduct a hack must first pass through the Review Committee for the Use of Powers, known as the TIB. The proposal would largely remove that requirement for designated adversaries.
Defence Minister Dilan Yesilgรถz called the legislation โabsolutely necessaryโ to keep protecting the Netherlands and its allies. The government points to Russians seeking sensitive police data and Chinese hackers allegedly trying to steal technology โin cunning waysโ as examples of the threats the country needs to counter. โWith this law, our knife becomes sharper,โ Yesilgรถz said.
With this law, our knife becomes sharper.
The intelligence law adopted in 2017 soon showed limitations, including difficulties identified by the Netherlands Court of Audit. The government says the law has become outdated as the international situation changed rapidly, including after Russiaโs 2022 invasion of Ukraine and amid concerns that China is seeking more Dutch technological knowledge. Russian cyberattacks on European infrastructure have also sometimes succeeded, while the agencies said the existing law restricted their ability to respond quickly.
A major reconstruction of the law.
The proposal is now open for public consultation. A broader parliamentary debate will follow after the consultation closes and the Council of State reviews the bill. Bart Jacobs, a Radboud University professor who served on intelligence oversight and evaluation bodies, called it โa major reconstruction of the law.โ He said removing repeated approval requirements for a designated opponent would reduce โa lot of bureaucratic hassle,โ but warned that it could become unclear who qualifies as an opponent.
A lot of bureaucratic hassle.
Originally published by NRC Handelsblad in Dutch. Translated, summarized, and contextualized automatically by DistantNews, with a note on how the source frames the story. Not individually reviewed before publishing. How this works.