ASSOCIATED PRESS STORY GETS FRA ACT ALL WRONG

The FRA Act is getting some attention in an Associated Press story. Since the AP will define how this piece of legislation is presented in the American media it is important to correct the mistakes and omissions in the story.

STOCKHOLM, Sweden - Sweden's Parliament narrowly approved a contentious law Wednesday that gives authorities sweeping powers to eavesdrop on all e-mail and telephone traffic that crosses the Nordic nation's borders. The right-leaning government's slim majority helped secure 143-138 approval, despite strong opposition from left-leaning parties led by Social Democrats.

What the story leaves out is that the law was originally conceived by the socialist prime minister Goran Persson back in 1995 after he had given an infamous speech, saying that "we shall all speak well of our country" and "I will personally stigmatize anyone who criticizes our country abroad". A pretty stark statement coming from a Western European prime minister. It is, unfortunately, indicative of what kind of politician Mr. Persson was. And he held on to his belief that it was somehow within his jurisdiction - his right, in fact - as a prime minister to spy on his citizens. So in 2004 his closest henchman, Par Nuder, and minister of justice, Thomas Bodstrom, finally wrote a law that allowed the government to use computer technology for unlimited surveillance of the population. (By that time computer technology had advanced to a level where they felt comfortable implementing a system of this type.) The center-right government has taken the idea and run with it, not realizing that they are carrying the water for the socialists who now will win the 2010 election based on their no to this law - a law that they will then keep in place and use against the very politicians who made it the law of the land.

Supporters argued the law — which takes effect in January — will provide a level of security against potential terrorists plotting attacks.

It is common practice in Sweden that once a law is passed it will be treated as the law of the land even if it is supposed to take effect at a later date. The only thing between the government and this surveillance system is, therefore, the installation of the computer hardware they will need. Which could already be there, for all we know.

But critics have slammed it as an invasion of privacy and an infringement on civil liberties. Hundreds of protesters gathered outside Parliament Wednesday, some handing out copies of George Orwell's famed "1984," dealing with a fictional police state. The new powers will give Swedish defense officials the right to scan international phone calls, e-mails and faxes for sensitive keywords without a court order.

Let us note, once again, that the FRA, which will run this wiretap system, is a branch of Sweden's military intelligence service. In other words, the military will be monitoring civilians with no suspicion of (civilian) criminal activity.

It is also important to add two things to the list of powers that the law grants the military:

a) They will be allowed to record anyone's and everyone's internet habits. Whatever websites you go to, they can now lawfully track that and compare your surfing habits to your e-mail correspondence, etc. Anything you say in chatrooms will also be recorded.
b) Newspapers are not exempt. Confidential informants are a thing of the past unless they use snail mail only as a means of contact.

All this wiretapping can take place without any kind of suspicion directed against any person prior to the eavesdropping.

The companies Swedish telecom TeliaSonera AB and Google Inc. and have called the measure the most far-reaching eavesdropping plan in Europe, comparable to a U.S. government program. After the Sept. 11 attacks, President Bush granted intelligence officers the power to monitor without court approval, international calls and e-mails between people in the United States and suspected terrorists overseas. The Protect America Act, passed last July, extended that authority, but it expired Feb. 15 and a replacement law is being debated.

This is an inaccurate comparison. The Protect America Act was directed toward already known terrorists or identified suspects. The eavesdropping was limited to those individuals and their correspondence with people in America. The Swedish FRA Act has no such limitations. It allows the government to record, in real time, all correspondence, all phone calls, all faxes and internet habits, without any limitations at all.

The government rejects claims the law will give it unlimited powers to spy on its own citizens and maintains it will filter out domestic communications and is interested only in international traffic.

The law also gives the prime minister and his cabinet access to the material and broad discretion to search it. In other words: the prime minister can spy on political adversaries, critics of his administration etc., and do this without breaking any laws. To be blunt: the Watergate burglary has now been legalized in Sweden.

Four ruling coalition lawmakers forced additions to the bill, hoping the measures would protect individual privacy. But critics said the changes, which included monitoring by independent institutions, don't alter the fundamental problems with the law. "This is just as absurd as before," said Per Strom of The New Welfare Foundation think tank. "It will still create a society characterized by self-censorship and anxiety." The European Federation of Journalists argued that electronic monitoring of phone and e-mail communications contravenes international and European legal standards.