The War on Terror and its consequences for civil rights and data protection

Just days after the devastating terrorist attacks on the World Trade Center in New York and the Pentagon in Washington on September 11, 2001, US President George W. Bush made a historical statement to the public. In a highly acclaimed and emotionally charged speech in front of both chambers of the Congress, he announced a comprehensive “war on terror”. Bush promisedmobilize all available resources – from secret services to law enforcement agencies, financial instruments to military violence – to crush and render the global terrorism network operating globally.

Wide range of measures: Patriot Act and new supervisory powers

Already in the weeks after these events, it became apparent that Bush’s announcement should go far beyond military interventions in Afghanistan or against other states of the so-called “Axis of Evil”. The fight against terror was also uncompromisingly in their own country, leading to a massive expansion of state surveillance powers and a significant limitationof civil rights led. Less than a month after the attacks, the Senate and House of Representatives passed the so-called “Patriot Act” with an overwhelming majority. This legislative package granted the authorities unprecedented rights: including phone calls, monitoring and reading emails, and covert access to a variety of private records, includingalso those stored by telecommunications providers or even libraries. Never before had such drastic measures been decided in the United States without a detailed public debate. Many senators and MPs complained that they hardly had time to read the draft laws of several hundred pages at all. the quickThe Patriot Act adopted the immense pressure to which the American representatives of the people were subjected to after 9/11 and the willingness to accept deep cuts in the freedom of citizens on behalf of security.

Practice monitoring: New dimensions of state control

The implementation of the Patriot Act was largely hidden. Nevertheless, details have repeatedly come to the public, which caused great concern, especially among civil rights activists and data protectionists. In the spring of 2006, for example, it was announced that US authorities had requested masses of communication data from telephone providers without a court order, most of whichAmerican citizens concerned. Press reports also showed that practically every telephone conversation with international interlocutors was monitored by the National Security Agency (NSA). The NSA, a US intelligence service specialized in global electronic surveillance, began years before the public debate on the measures. According to media reports, these aimedPrograms to identify suspects’ social networks, but the US government denied that the content of the talks was analyzed en masse. It was later revealed that the NSA saved the recorded phone calls in huge databases – a procedure that raised considerable doubts about the official presentation that the only targeted terrorist suspectswanted. Further revelations concerned access to global payment transaction data via the SWIFT system, which expanded the dimension of surveillance.

International Reactions: Worldwide Security Laws

The attacks of September 11, 2001 led not only to the United States, but to a reassessment of counter-terrorism worldwide. Numerous countries tightened their laws and expanded the police and secret services’ powers. Everywhere it was argued that effective protection against terrorism was only possible with major interventions in the rights of freedom. inMany states showed that broad sections of the population were willing to sacrifice personal freedoms in favor of a higher level of security – at least in the short term. Despite the warning voices of data protection officers and civil rights organizations, tightened security laws have often prevailed.

Germany after September 11th: Between freedom and security

In Germany, too, the political debate was characterized by uncertainties and the striving for more security after the attacks. Many politicians called for data protection to be restricted in favor of effective counter-terrorism measures. Critics warned of an ever-stricter laws outbidding competition, but their position initially remained in the minority. already a week after theThe Federal Cabinet adopted an extensive anti-terror package with a volume of three billion euros, which was primarily due to the Bundeswehr, the intelligence services, the Federal Office for Information Security (BSI) and the Federal Border Guard. Tobacco tax was even increased to finance it. In addition, stricter security checks were carried out for the staffairports introduced.

Balance sheet: A new relationship between freedom and control

The consequences of September 11, 2001 are still sufficient today and have permanently changed the relationship between freedom and state control. The uncompromising fight against terror led to an unprecedented expansion of surveillance measures and invasion of privacy. Not only in the USA, but also in many other countries, civil rights in favor of alimited security. The public debate on the right level of freedom and security is more relevant than ever and will remain of central importance in the future in view of new threats.