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from:
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Grabbe</A>
-----
Information Warfare


Echelon Illegal, European Union Says


If the UK spies with America, is it part of Europe?

THE European Union condemned Britain's role in an Anglo-American espionage
network as illegal yesterday, vowing to confront the Government over the
controversy at the next EU justice ministers' meeting.

Fernando Gomez, the Portuguese Interior Minister, on behalf of EU
governments, said: "The Council cannot accept the existence of this kind of
system, which does not respect the legal requirements of the member states."

European MPs amassed enough votes this week to demand a parliamentary
investigation into the Echelon eavesdropping capability, arguing that Britain
was in violation of Article 11 of the Amsterdam Treaty obliging member states
to "refrain from any action which is contrary to the interests of the Union".

Anger has been deepening among European Parliament members in recent days.
During the deabte Jean-Claude Martinez, a French Euro-MP, said: "We're told
that the European Union is threatened by J�rg Haider's Austria, but it's the
Great Britain of Tony Blair that is the real threat."
The involvement of the Council of Ministers takes the dispute to a new level,
suggesting that the Prime Minister can no longer count on acquiescence from
other European leaders over Britain's divided loyalties on intelligence
issues. Mr Gomez said matters had been brought to a head by recent comments
by James Woolsey, the former director of the CIA, who confirmed that the
eaves dropping capability had been used to intercept the electronic
communications of European companies.

In an interview with the French newspaper Le Figaro this week, Mr Woolsey
said: "Yes, the United States secretly collects information on European
firms; and, yes, I believe it is totally justified. It is not a question of
industrial espionage for the benefit of American companies. That is something
the US absolutely doesn't do. Our objective is to monitor companies that
break UN or US government sanctions, to track 'dual use' technology, and to
watch for corruption in international commerce." Mr Woolsey accused France of
having used bribery to promote the interests of its companies abroad.

The European Commission has also intervened in the affair, requesting formal
clarification from the British and American governments. Yesterday it
released a letter from Sir Stephen Wall, Britain's permanent representative
in Brussels, who explained that the country's spy services operate under
strict guidelines regulated by Parliament and conform with the European
Commission on Human Rights.

In the letter he wrote: "Like other member states' agencies, the UK security
and intelligence Agencies co-operate with counterparts overseas, both in the
EU member states and elsewhere including the United States. We do not,
however, allow other nations to use UK facilities, including interception
from any site in the UK, for commercial advantage."

The American government said it does "not collect proprietary commercial,
technical, or financial information for the benefit of private firms". The
Commission has taken a cautious stance so far. Erkki Liikanen, the
Commissioner for the Information Society, told Euro-MPs yesterday that his
hands were tied because the "activities of intelligence agencies of member
states fall outside the scope of community law".

The Commission can act only on a specific complaint alleging that individual
interests have been damaged in some way by Anglo-American espionage. This has
not yet happened, but it is almost certain to do so soon.
The London Telegraph, March 31, 2000
-----
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