NALP Exchange

Discussion of the Law

Category: Europe (page 1 of 2)

German Police Sell Digital Crime Proceeds

In the wake of the global recession, budgets for all sorts of state and government departments have been under pressure. Pressure from banking bailouts, falling GDP and tax revenues mean that every penny counts for all sort of areas. Policing has been under similar pressure, it is often seen as an easy way to cut government spending. Despite what many Unions suggest, Police pay is usually very competitive although this is rightfully so considering the danger and risks many of them take.

A traditional route taken by many police departments across the world is to recycle the profits of criminals into the police budget. This has been done for years but with physical goods it’s often difficult as although it’s easy to establish ownership, taking possession can be more difficult. Cyber crime however offers another possibility for cash strapped police departments especially when you consider the growing use of cyber currency.

There is a huge rise in the number of cyber related criminal investigations and unfortunately many police forces are ill equipped to cope with this. However there are also opportunities particularly for large scale successful prosecutions relating to the proceeds that these crimes produce. Most countries have legislation in place that allows them to seize the proceeds of any criminal act and the sums involved can be huge.

Most police authorities are wisely investing any proceeds they recover in expanding their digital crime investigative resources. This is important as it can be very difficult to investigate these crimes because of a variety of reasons. Tracking the criminals can be difficult, they will invariably use things like VPNs and sneaker proxies in order to hide their location. There is also the issue that these crimes often take place across international borders too.

The German authorities for example have recently just made about $14 million through the sale of Bitcoin and other types of cryptocurrencies that they took possession of in criminal inquiries.

This was an unexpected emergency sale, according to a Monday report in the Tagesspiegel publication, because the Bavarian justice treasury was concerned about the wild changes in cryptocurrency prices. Emergency sales are normally typically kept back for perishable goods, such as food, or products which commonly depreciate in valuation, for example cars.

The cryptocurrencies that were sold– 1,312 Bitcoins, 1,399 Bitcoin Cash tokens, 1,312 Bitcoin Gold tokens and 220 Ether– were mainly seized in a clampdown on a website called, which was unlawfully offering copyrighted ebooks and audiobooks at very low prices. The website was seized and blocked last June, its own operators were imprisoned and its resources went into a fund that is typically used for police resourcing.

The sale took place over a number of months, in a series of more than 1,600 transactions on a German cryptocurrency trading platform. According to Der Tagesspiegel, the proceeds totalled just over EUR12 million ($ 13.9 million.).

The selloff kicked off in late February, the moment the price of one Bitcoin had collapsed from its December highs– nearly $20,000– to around $11,400. Throughout the sale, the rate dipped below $7,000 and cleared $9,000 again. Ever since, it has dropped once more to a price of $7,230, therefore the cops’ timing looks pretty good for now, except if Bitcoin makes a surprising rebound in the near future.

This was a record-breaking transaction of seized assets within Germany, but American authorities have already been making a lot more money off confiscated cryptocurrencies for some time. The Justice Department got $48 million in October last year from the sale of Bitcoins that originated from Ross “Dread Pirate Roberts” Ulbricht. The sale in fact took place a couple years earlier, when one Bitcoin was worth a mere $330 or so, but Ulbricht, the operator of the Silk Road online drug market, had disputed the legality of the forfeiture and took a while to drop his claim

Cyber crime is without doubt the biggest challenge facing modern law enforcement in developed nations.  Most countries are allocating additional funding but it’s often difficult because the gangs involved operate from all sorts of countries often outside their jurisdiction.  All a criminal needs to do is to invest in a simple virtual private network which can be used to hide their true location and identity.  To further complicate the issue the VPN server location effectively becomes the point of origin of the attack too.  So if someone used one of these security VPNs like demonstrated in this post about how to watch the match of the day stream over the internet, then that would protect against all but the most sophisticated investigations.

New Zealand Politics: Opposition Battle

New Zealand politics has always been especially interesting for students of the subject. It’s only a relatively small country at least in population but it often acts as barometer for similar liberal leaning Western democracies. Indeed many of it’s citizens have strong links between places like the UK and there’s no surprise that thousands use VPNs in order to access the BBC on the computers.

The 3 all new contenders with regard to the National Party’s leadership were revealed yesterday they included no less than three former lawyers and Cabinet ministers. All were quick to establish their bids yesterday, indeed only one day after Bill English revealed his resignation. Obviously there are definitely more than three others who are weighing up their alternatives, but of these Mark Mitchell is the more likely to go into the race. He ‘s only interested in the position of leader, definitely not a deputy, for this competition will be as much regarding raising his public profile compared to taking the top job probability of taking the top job. The’s got a track record of handling difficult and complicated portfolios, responsibilities that he carried out well under both John Key and Bill English.

With regard to sheer speed, Amy Adams was certainly the winner, announcing even quicker than the others with the assistance of four additional MP’s previously arranged. Despite the fact that she’s a lower public profile than the other pair might possibly work in her. A lower public profile than the other two might work in her favor, with the concentrate on the new generation leader in this race. She is socially liberal, but economically describes herself as being in core, heartland National territory. She is not afraid of Judith Collins, which she described as a strong MP and government minister.

Adams adds that the party requires somebody to lead the subsequent government, not the next opposition. Buts he was reluctant to talk in any detail about policy, including any specific issue facing will be the first debate which hopefully will be televised. It should be accessible on New Zealand TV stations and perhaps even on UK TV too– try accessing BBC iPlayer from New Zealand using this. He was reluctant to talk in any detail about policy, including any specific issue facing.

When offered the chance by Morning Report’s Guyon Espiner Mori, he carried on this restraint nevertheless this was of course before the actual resignation story. His use of the 3rd person during his media conference– I am concentrated on Simon Bridges– made him the object of some mocking, nevertheless he’s well-loved inside the caucus and has a robust sense of humor. Mr Bridges will give voice to the backbench, the Mr Bridges will give voice to the backbench, the section of the caucus which possesses the power of the numbers this term. Happy to review her party’s handling of election strategy, with National having won conflicts all over.

She’s also not scared to review her party’s handling of election strategy, with National having indeed won conflicts all over the who ‘d happy to review her party’s handling of election strategy, with National having won despite many internal conflicts. Ms Collins said National erred when Bill English encouraged voters to cut the middle man, in an attempt to marginalise New Zealand First.

She’s certain to appeal to the new, hungry participants of the caucus, and individuals up all throughout the ranks. Her tough talk might just appeal to the brand new, hungry members of the caucus, and there’s no love lost between Ms Collins and some of the much more senior MPs. Anyhow regardless of what does transpire, the leadership contests are comparatively brief affairs and on 27 Feb the National party will certainly have a brand new leader.

John Williams

Update Planned to Scottish Football Act

SCOTTISH Labour stated they’ll draw up a fresh anti sectarianism strategy after SMEs voted to repeal the law aimed at solving the problem. James Kelly MSP stated that the legislation wasn’t the answer, and he’d bring together charities, campaign groups, faith leaders, locals authorities, soccer clubs and police to develop a fresh strategy. His Bill to scrap the Offensive Behaviour in Football and Threatening Communications Law passed its first parliamentary hurdle in Holyrood a week ago after opposition parties combined to back it. The law was introduced in the last parliament by the then bulk SNP authorities. There are fears that repealing the action could impact on communities.

Kelly said Labour could assess SNP Government activity on handling the matter and examine the financing available for anti sectarian programs in order to perhaps calculate a figure for next year’s budget. The party will probably look at the uptake of recommendations made in 2015 from the Independent Advisory Group for Combating Sectarianism headed by Dr Duncan Morrow. It’ll also consider the function of clubs, fans teams and the police in tackling sectarianism and the new challenges posed by online bigotry. Kelly stated: There should be no doubt that Labour is dedicated scooting Scotland of sectarianism. Religious bigotry existed long prior to the Football Act and it’s an issue we’re still shamed by today.

This has been a huge problem in Scottish football for years and it’s sometimes difficult for those outside to understand. When you watch the Premiership on Match of the Day which you can see online, then it’s difficult to understand the sectarian conflicts that exist in Scottish football. They have existed for years though and although violence is thankfully rare it does happen outside the stadiums all too frequently.

Nonetheless, it isn’t restricted on the terraces of football stadiums and can’t be combated through broken legislation. Rather than unworkable legislation, we must change our focus to communities into attack the root causes of bigotry, such as through community groups and education, as recommended by experts at the Justice Commission. Kelly continues that he was deadly serious about utilizing his role as a member of the Scottish Parliament to handle this present day shame.

“This is why I’ll be developing an anti sectarianism strategy match for 2018, which I hope every party, including the SNP, will I am hoping that the whole Parliament will get behind”

A Scottish Government spokesman said: Ministers have been consistently clear that tackling the scourge of sectarianism takes a broad assortment of actions, such as education and wider community based projects backed by unprecedented Scottish Authorities investment of over 13 million pounds because 2012 alongside the work of the justice system in enforcing the law. This is an important initiative and it’s been compared with the work on increasing unit prices of alcohol in Scotland. This is another important area for the Scottish government to reduce the impact of alcohol abuse by pricing deterrents and making drugs like Selincro more available for individuals.

In latest days the Minister for Community Safety has also underlined the need for all parties to work together to build consensus on how we may mitigate the possible adverse impacts that repeal of the 2012 Act might have on communities that are vulnerable a threat that was increased by an assortment of organizations in evidence to Parliament. Ministers remain resolute in their determination to fight religious bigotry, alongside broader hate crimes like those between homophobia and racism, which is why they’ve commissioned a wider overview of the legislation in this region, to report later this year.”.

Guidance on Blogging and Social Networking

This is a short summary document which provides an introduction for organisations with a general awareness of the associated risks of blogging and social networking that may potentially affect the effectiveness of local services.

Terms used: Blogging is using a public website to write an on-line diary (known as a biog) sharing thoughts and opinions on various subjects. The word blog is derived from the phrase weB LOG. Examples of blogging websites include and Social networking is the use of interactive web based sites that mimic some of the interactions that occur between people in life. Examples include Facebook and Linkedin.

Why are Blogging and Social networking an Information Governance issue? The use of blogging and social networking websites by an NHS organisation’s employees can expose that organisation to information risks, even where these sites are not accessed directly from work. Whilst there is nothing new about the information risks, what has changed is the availability of high capacity broadband, the popularity of Web2.0 sites and the rapid growth of internet enabled devices such as mobile phones, blackberries etc.

This has resulted in significant awareness and uptake of these websites from home, from work and when mobile. What are the potential dangers to the organisation of using blogging and social networking? A range of potential threats exist that organisations should be aware of: Unauthorised disclosure of business information and potential confidentiality breach.  Additionally users can access unauthorised websites which may have little risk but can hugely effect productivity.  For example accessing sites like BBC iPlayer using the company VPN from Ireland like this may not have any risks but it can’t waste time and effect  the company network.  Blogging and social networking sites provide an easy means for information to leak from an organisation, either maliciously or otherwise.

Once loaded to a site, organisational information enters the public domain and may be processed and stored anywhere globally. In short, organisational control is lost and reputational damage can occur. Malicious attack associated with identity theft.   People often place a large amount of personal information on social networking sites, including details about their nationality, ethnic origin, religion, addresses, date of birth, telephone contact numbers and interests. This information may be of use to criminals who are seeking to steal identities or who may use the information for social engineering purposes.

Another important risk from allowing employees to use social media and public forms is from the possibility of defamatory postings by their employees. Take for example a public forum, most of these enforce a user to accept some terms and conditions before they are allowed to post. These can often be quite substantial and are intended to both protect the web/forum and enforce any rights such as copyright.   This is important in any site which allows people to express their views even large corporations like the BBC use them.  The problem is that any infringement by a company employee using company hardware and on their time could be considered as a liability against the company not the individual.

There are numerous risks online, and one of the problems is that many organisations have little experience in dealing with these issue. Most companies have probably only allowed large scale internet access for a decade or so and may still only be developing internal policies and procedures in order to mitigate these risks.

Development of UK Computer Crime Law

Obviously computer crime is a relatively modern phenomena, however it has taken some time for legislation to catch up with the real world.  In fact even today cyber criminals exploit weaknesses in such legislation by basing themselves in areas where there is little criminal law developed around computer crime.    In fact there has been more legislation regarding copyright issues in some countries, you can get fined for watching UK TV abroad like this or downloading software than actually cases of cyber crime.

Before 1990, the UK criminal law often struggled to deal with computer misuse. relying instead on other traditional‘ offences that were sometimes ill-equipped to deal with the nature of the technology itself. in particular the offences of criminal damage, abstracting electricity and forgery and counterfeiting were applied to deal with such cases.  In reality many were also applied to other issues although none were successful, activities like downloading from the BBC iPlayer abroad like this have never been a criminal offence. However, the two main loopholes then thought to require attention were: ~

– the failure of forgery legislation to deal with misuse of passwords
– that ‘data’ on disk was not ‘property’ or ‘tangible’ for the purposes of criminal damage legislation, so that if you trashed the contents of a hard disk you appeared not to be committing an offence.

For relevant legislation and some case law in this check out the reports on the case of R v Gold and Schifree/M1988] 1 AC 1963, including the Court of Appeal and House of Lords rulings.

It is clear that, by 1990, there were cracks appearing in the ability of the existing criminal law to deal with some manifestations of computer misuse, in articular those resulting from the intangible nature of the subject matter. The Report of the Law Commission of England and Wales (1989) recommended that three new offences of computer misuse be created.

The ensuing Computer Misuse Bill prompted much debate based around a number of key issues: the impact of computer misuse on industry and commerce; the inadequacy of the pre-existing criminal law; and the prevailing media reporting of the dangers posed by hackers at the time. it was envisaged that the new Bill would ease the difficulties associated with bringing a successful prosecution for computer misuse. it received royal assent on 29 June 1999 and became the Computer Misuse Act 1990.

In total the Computer Misuse Act 1990 created three main offences concerning unauthorised access to computer material. unauthorised access to computer material with intent to commit or facilitate further offences and unauthorised modification of computer material. The Police and Justice Act 2006 introduced three amendments to the 1990 Computer Misuse Act and came into force on i October 2008. The Computer Misuse Act 1990 now has four main sections:

Section 1 : unauthorised access to computer material
Section 2 1 unauthorised access with intent to commit or facilitate commission of further offences
Section 3 (as amended): unauthorised acts with intent to impair, or with recklessness as to impairing, operation of computer, etc.
Section 3A: making, supplying or obtaining articles for use in offence under section i or 3.

Polish Problems with the Venice Commission Unit

The recent comments of Prof. Kamil Zaradkiewicz about the Venice Commission were right on the mark. The Venice Commission was considered and created by Andrzej Rzeplinski under his direction to act as the final lifeline for the Constitutional Tribunal. This is supported by the place of the Venice Commission declared on section 14, however it has been updated and elucidated from the draft phase after some feedback from the relevant authorities. In its light, it appears that there is no denying the Constitutional Tribunal’s President could trust the help of the Venice Commission. Its couriers from Venice would regard the protests into the Constitutional Tribunal. The place of the Venice Commission concerning the Constitutional legislation repeats the errors of the opinion in addition, it lacks any kind of independence.

Based on the situation represented by Beata Szydlo’s authorities concerning the place of the Venice Commission, it might be reasoned which this body is trying into exert pressure on this Polish direction, so that it accepts all the unlawful actions of the Tribunal, those made previously and also those planned for the future, especially those about the way the chairman of the Constitutional Tribunal is selected. The Commission has accepted not requiring the belief which the Constitutional Tribunal is the last arbiter and final decisions from the system.

The second important factor of the state which has judicial power is exercised from Poland by courts and tribunals, but this Constitutional Tribunal isn’t alone in this role since there’s also the State Tribunal. Ignoring this State Tribunal with regards into constitutional issues violates this standards which the Venice Commission draws upon, that’s liberty of this judiciary and this division of powers in constitutional Issues between this Constitutional Court and this Court of State.

Access to the documentation is available on the specific legislative sites and on the European Unions main documentation repository. However you might find there’s problem accessing from outside the EU nations. This is determined by the physical location of your connecting IP address however this can be changed. If you use a VPN like many use to watch UK TV like this post, you can hide your real IP address and access the documentation.

The Venice Commission is totally ignoring that the Polish constitution doesn’t recognize this Constitutional Tribunal since a Total and sole body deciding on this constitutionality of all forms of action by public authorities. The Polish authorities has pointed out to this Venice Commission that, even in Issues concerning this powers of hierarchical control compatibility, this Constitutional Tribunal might not examine all legal acts. They have highlighted the fact that the Venice Commission when making such decisions will also completely ignores other bodies protecting this constitution. These powers were previously limited to the President of this Republic of Poland and the Polish State Tribunal. The Venice Commission isn’t justified in whatever way when it states which this Constitutional Tribunal has this power – and which exclusively – to evaluate the government in matters of law enforcement.

Additional Resources:

Information on buying UK and EU proxies –

EU Legislation : the Working Time Directive

There is an important law which has probably effected us all at some point.   It’s called the Working Time Directive and it limits the amount of time any employee can work in a single week.
As part of this legislation there are several specific sections which refer to certain types of job.  For example there are two directives on working time that can impact drivers who spend a lot of time at the wheel.  The first is the horizontal directive, which employed under the Working Time Regulations 2003 August 2003 in the uk on 1 affects everybody in the transportation sector. The provisions under this directive will impact non workers in the road transportation sector. Workers affect. The next directive, usually referred to as that the Road transportation directive 3820\/. The United Kingdom has implemented this from 23 March 2005, however when the country leaves the European Union there will possibly be some alterations. Under this amending directive employees are permitted to opt out from the 48 hour average working week. Mobile workers are eligible for health checks and annual leave.

Most of these are of course only applicable to traditional employers who work in the private or public sector.  All over Europe now there are many millions of people who work for themselves in a self employed capacity.     There are of course millions of people who work from home, perhaps working remotely through a VPN like this who should be covered by the legislation but in reality have little protection.

Working Time Directive

Guidance on the application of the working time regulations, as amended can be obtained from the number or can be found online at both European and Government legislation web sites, To health checks demand and the leave of the Horizontal Amendment Directive, The Road Transport Directive presents security for workers. March 2005 workers in the range will be covered by 23 March 2009, and self should be addressed by 23. Weekly Working time is limited to an average 48 hour week and a 60 hours. There’s no opt out for people wishing to work longer than an average 48 hour week, but break periods of availability don’t count as working time.

Periods of availability include accompanying a vehicle on a ferry crossing and waiting for a vehicle to be loaded \/ unloaded. Drivers need to be informed in advance about these periods, and their approximate length. For mobile employees driving in a team, it includes period spent sitting next to the driver whilst the vehicle is moving. Night employees are restricted to 10 hours work in each 24 hour period. There are some derogations which are effectively exemptions for individual Member States under that the Road Transport Directive. Under certain circumstances, derogations may be permitted in that the 10 hour daily limit for night work, and increase that the reference period for that the 48 hour average week may also be increased from 4 to six months. There’s no derogation in the 60 hour maximum week for any member nation.

Additional references:

BBC iPlayer Block Access to Online VPN Systems

The Various Internet Privacy Laws

While targeted advertising continues to be popular and has been for several years. The launch of the net has allowed people to be tracked so tightly that it’s been boiled down to a specific science, enabling internet entrepreneurs to serve up ads which more closely fit an individual’s interests and purchasing habits. Among the networks that were top websites on the web, Facebook, has announced demographics targeting. Also in addition to its Social Ad program, which can be driven by activities and habits of a Facebook user’s friends. This program has met a great deal of opposition, with adversaries making claims all kinds of privacy laws are breaking up.

When someone posts something online or updates their location, that information is transmitted to Facebook. This could be in the form of a bulletin telling that individual’s friends what the Facebook user has posting and rented ads when a customer rents a movie from Blockbuster Video.     They can even use posts to determine things like entertainment preferences for example if someone has been posting videos from watching UK TV channels online. Facebook allows organizations to buy advertisement space based on demographics, such as submitting ads on all college without giving a list of users aged men homepages. This kind of advertising has gone on for many years, but a lot of are outraged. Laws are applied to advertisements, as they should be. The law as it can be written does not permit advertisements to use anybody’s name, voice, face or likeness to be a symbol of product or a service.

This runs contrary to what a video rental company does each time someone rents a movie. Simply since the company does not receive a list of users, that the Facebook user’s identity is still compromised in a very public manner. Among that the scariest things about Facebook is that the announcement that might use info we gather about you from other sources. Not only does Facebook use the info it collects from its own website, however it goes out and looks for more.   There is some protection mainly common sense and you can use things like this online IP changer to hide your true location.  However remember in the terms and conditions there is a commitment to saying of that not only does it utilize the personal info you provide, but the info accumulated while socializing with the site.

Often times they stress that the point of a personal experience, and that Facebook is about sharing information. While you might opt out of getting and sharing specific info, there’s no big red Leave Me Alone button. Fundamentally, signing up for Facebook implies that you’re consenting to share info with everybody based on your privacy settings. It also claims of that you consent to having your personal data Stored and processed in the US, whatever that means.

EU Take Legal Action in Migrant Crisis

There are increasing signs of a rift across the EU about how to deal with the migrant crisis. The European Commission have resorted to a legal challenge against Hungary, Poland and the Czech republic for their failure in taking in asylum seekers. The issue is likely to escalate as there is no real consensus for dealing with this issue among the 28 nations.

The governments in Poland and Hungary are particularly steadfast in their refusal to follow the migrant agreement. The idea was to help the front line countries like Greece and Italy who are being flooded with asylum seekers.

Similarly the Czech Republic agreed only to take 12 people and then indicated they would take no more. The ex-communist countries seem to be the worst in keeping to these agreements and it’s likely that this will cause increasing ill will among the community.

The EU migration officer, Dimitris Avramopoulos has told a news conference that they have made repeated call to these countries to little response. These have been broadcast throughout Europe but you’ll need an EU based video proxy to access from outside these countries.

The commission has said the legal avenue was related to infringement procedures which is the method to punish countries who don’t meet their obligations.It’s not an easy option for the EU and is liely to lead to years of legal arguments before any penalties or fines can be imposed.

Some countries have been quick to criticise this approach which is likely to lead to increased political tensions and divisions within the community. The Polish government for instance is ready to defend it’s position in the courts. The EU is keen to keep unity among the remaining nations particularly due to the Brexit crisis.

However beyond the EU borders there are also issues with Russia and an problematic relationship with the USA. The problem is that the arguments have continued for nearly two years now with little change. EU leaders feel that legal action is the only way to break the stalemate. Most of the nations involved simply do not agree with the relocation system.

They are particularly concerned with the security issues that it raises, something that terrorist attacks in the UK and France have heightened. The reality is that these nations are benefiting greatly from the economic stability and investment of the European Union, so are likely to back down eventually.

Kodi Ban to Start in the UK

There’s many legal implications which will directly result from the UK’s decision to leave the European Union many of these will definitely be in the area of internet and copyright law.  Take for example the discussions mentioned in our last post regarding the use of the increasingly popular Kodi media box.

Now Kodi is simply some software that allows you to stream video of any sort from a myriad of devices onto your TV screen.  It’s fairly standard stuff however what makes Kodi so popular is the hundreds of add-ons that expand the capability of the software.  These programs allow Kodi to stream all sorts of copyrighted material from Sky, BBC, BT and Netflix to name but a few.  What makes it even more popular is that you can bypass the technical configuration required and by a pre-installed media box with all that done for you.

You can see why for the cost of one months subscription someone would be tempted to buy a full set up box capable of streaming every Sky Channel from movies to Sports.  No subscriptions, no ongoing costs – just buy the box and stream for nothing. With many people’s Sky accounts costing about £20 a week it’s not surprising that they became so popular.

One of the main legal protections people have currently for using these Kodi installed media boxes is a ruling by the European courts that  merely streaming copyrighted content (as opposed to copying it) was not illegal.  So someone  simply watching something as per Kodi, using a free smart DNS Netflix solution or a VPN then is not actually illegal currently.  This has meant the copyright holders have pursued the sellers and distributors of these boxes rather than the individuals.

Of these perhaps the VPN is the safest option simply because you can firstly completely hide your location and the software functions without any specific configuration to download movies or films online. However the others you can easily argue are specifically designed to watch copyrighted material.

Many people have of course, been downloading movies and films online for decades however it is Kodi which has probably moved this into the mainstream.  Downloading torrents anonymously like this takes a fair amount of computing knowledge – whereas buying a pre-configured Kodi box is no harder than setting up a DVD player.  Which is why the UK’s Intellectual Property Office is taking such a keen interest, no doubt heavily pushed by the mainstream media companies of course.

It’s likely that using these devices will become illegal much more quickly as a result of Brexit as the IPO will have more direct powers and are not as constrained as the European courts.  Also much of the legislation is already in place but just needs slight adjustments to encompass the people who use Kodi boxes to stream copyrighted material.

Older posts

© 2018 NALP Exchange

Theme by Anders NorenUp ↑