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By analysing intelligence-gathering reform legislation this article discusses access to justice for communications interception by the intelligence and security services. In the aftermath of the Snowden revelations, sophisticated oversight systems for bulk communications surveillance are being established across the globe. In the Netherlands prior judicial consent and a binding complaint procedure have been established. However, although checks and balances for targeted communications interference have been created, accountability mechanisms are less equipped to effectively remedy indiscriminate interference. Therefore, within the context of mass communications surveillance programs, access to justice for complainants remains a contentious issue.
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In May 2018, the new Dutch Intelligence and Security Services Act 2017 (Wet op de Inlichtingen- en veiligheidsdiensten, Wiv) will enter into force. It replaces the previous 2002 Act and incorporates many reforms to the information gathering powers of the two intelligence and security services as well as to the accountability and oversight mechanisms. Due to the technologyneutral approach, both the civil and the military intelligence services are now authorized to, for example, intercept communications in bulk, hack third parties, decrypt files, store DNA or use any other future innovative technology. Also, the national security legislation extends the possibilities for the indiscriminate collection of data, and for the processing, storage and analysis thereof. The process leading to the law includes substantial criticism from the various stakeholders involved. Upon publication of this report, an official consultative referendum is being organized on the new act. The aim of this policy brief is to provide an international audience with a comprehensive overview of the most relevant aspects of the act and its context. In addition, there is considerable focus on the checks and balances as well as the bottlenecks of the Dutch intelligence gathering reform. The selection of topics is based on the core issues addressed during the parliamentary debate and on the authors’ insights.
This paper outlines the main differences between ecocentric and anthropocentric positions in regard to justice, exploring university students’ perceptions of the concepts of social and ecological justice and reflecting on how values assigned to humans and the environment are balanced and contested. Putting justice for people before the environment is based on evidence that biological conservation can disadvantage local communities; the idea that the very notion of justice is framed by humans and therefore remains a human issue; and the assumption that humans have a higher value than other species. Putting justice for the environment first assumes that only an ecocentric ethic guarantees protection of all species, including humans, and therefore ecological justice already guarantees social justice. This research shows that many students emphasize the convergence of social and ecological justice where human and environmental interests correspond. While not wishing to diminish the underlying assumptions of either ethical orientation, the common “enemy” of both vulnerable communities and nonhuman nature, as identified by students, is an ideology of economic growth and industrial development. http://dx.doi.org/10.13135/2384-8677/2688 LinkedIn: https://www.linkedin.com/in/helenkopnina/
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