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@ -37,57 +37,59 @@ sections:
You can also help us gain momentum through publicity. Contact your network, journalists, friends and family - and explain why it is important to fight for our rights. You can also help us gain momentum through publicity. Contact your network, journalists, friends and family - and explain why it is important to fight for our rights.
- id: faq - id: faq
heading: Questions & answers heading: Why Søren Pape?
content: | content: |
* ### Why Søren Pape? Because he is the relevant minister. Data retention was equally illegal when Søren Pind (V), Mette Frederiksen (S), Karen Hækkerup (S), Morten Bødskov (S) and Brian Arthur Mikkelsen (K) held the office. It is not a political issue. It is about hounouring the law and not violating the fundamental rights.
Because he is the relevant minister. Data retention was equally illegal when Søren Pind (V), Mette Frederiksen (S), Karen Hækkerup (S), Morten Bødskov (S) and Brian Arthur Mikkelsen (K) held the office. It is not a political issue. It is about hounouring the law and not violating the fundamental rights.
This case will, hopefully, change Danish politicians obvious and intentional violations of our human rights. This case will, hopefully, change Danish politicians obvious and intentional violations of our human rights.
- id: faq
heading: Why not TDC?
content: |
TDC claim ignorance of the law. With the letter from the minister, they argue that they lack the ability to understand the illegality of a ministerial order.
* ### Why not TDC? It will be more difficult and more expensive to argue a case against the state of Denmark. But it will set the precedent for future governments wanting to oppress the fundamental rights of the people.
TDC claim ignorance of the law. With the letter from the minister, they argue that they lack the ability to understand the illegality of a ministerial order. - id: faq
heading: Why should I care? If surveillance can hinder crime, I'm pro data retention!
content: |
Mass surveillance does not necessarily prevent or stop crime. It **can** lead to more arrests and fewer unsolved crimes, but mainly because innocent people will be punished. Having a database table of the location of unsolved crime and a database table of everybody's movements makes it possible to collate data and prove that everybody is guilty.
It will be more difficult and more expensive to argue a case against the state of Denmark. But it will set the precedent for future governments wanting to oppress the fundamental rights of the people. Have you bought a crowbar recently or have you walked past a house that has been burgled? Mass surveillance requires you to [doublethink](https://en.wikipedia.org/wiki/Doublethink) to stay out of jail.
* ### Why should I care? If surveillance can hinder crime, I'm pro data retention! Honouring human rights does not leave the police blind as bats. Crime could be solved before 2006, but the police have to think for themselves. Who might be a suspect and why? It will still be possible to conduct surveillance, but only with sufficient democratic oversight.
Mass surveillance does not necessarily prevent or stop crime. It **can** lead to more arrests and fewer unsolved crimes, but mainly because innocent people will be punished. Having a database table of the location of unsolved crime and a database table of everybody's movements makes it possible to collate data and prove that everybody is guilty. - id: faq
heading: Who's behind this?
content: |
Human rights jurist [Rasmus Malver](https://twitter.com/rasmusmalver) kickstarted the fundraising with a contribution of 30.000 DKK, and the second large donor is [Bitbureauet](https://bitbureauet.dk/). In January the movement gained traction and more than 20 people, businesses and organisation brought the total to 100.000 DKK. An organisation was created to hold the money, and it will all be used to pay the legal fees.
We have chosen IT- og EU-specialists [Bird & Bird](https://www.twobirds.com), and advokat Martin von Haller leads the team.
- id: faq
heading: What is the relationship to human rights?
content: |
Human rights are your rights againt governmental abuse. Some countries have human rights enshrined in their constitutions, but in Denmark they mainly exist in the form of the European Convention on Human Rights ([pdf](http://www.echr.coe.int/Documents/Convention_ENG.pdf)). It was written after the second world war to avoid history repeating, and over time it has been updated to protect minorities and to avoid the emerging terrors from states on both sides of the iron curtain.
Have you bought a crowbar recently or have you walked past a house that has been burgled? Mass surveillance requires you to [doublethink](https://en.wikipedia.org/wiki/Doublethink) to stay out of jail. The people of the European Union has agreed upon an updated version of the convention in 2000, the EU Charter on Fundamental Rights ([pdf](http://www.europarl.europa.eu/charter/pdf/text_en.pdf)), where the protection of privacy is emphasised.
Honouring human rights does not leave the police blind as bats. Crime could be solved before 2006, but the police have to think for themselves. Who might be a suspect and why? It will still be possible to conduct surveillance, but only with sufficient democratic oversight. The Danish mass surveillance and retention of metadata is an obvious violation of both conventions, and it has been established that both are important parts of Danish law. The current surveillance is more intrusive than the surveillance conducted by both Gestapo and STASI.
* ### Who's behind this? You have the right not be the victim of this.
- id: faq
heading: Are you profiting from this? What will happen if there's too much money?
content: |
No. All of the funds will go to paying legal fees and the attorney, ([Bird & Bird](https://www.twobirds.com)). If there is “too much” money (unlikely), it will be forwarded to a similar case or organisation.
- id: faq
heading: What is being retained about me?
content: |
The location of your mobile phone at all times of every day. Who you communicate with and, to some degree, what you do online. You can ask your provider for a copy of the data. If they reply within a reasonable time, they are allowed to charge you up to 200 DKK for it.
- id: faq
heading: The minister says he need time to replace the legislation. Isn't that ok?
content: |
No. When mass surveillance was brought in on EU level, politicians were told it violates human rights, and thus it would be illegal. When implemented in Denmark they were told the same. When the ministerial notice was issued they were told again.
Human rights jurist [Rasmus Malver](https://twitter.com/rasmusmalver) kickstarted the fundraising with a contribution of 30.000 DKK, and the second large donor is [Bitbureauet](https://bitbureauet.dk/). In January the movement gained traction and more than 20 people, businesses and organisation brought the total to 100.000 DKK. An organisation was created to hold the money, and it will all be used to pay the legal fees. A ministerial notice (bekendtgørelse) cannot exist without a legal basis in a law, and a law implementing EU regulation cannot exist when the regulation has been struck down.
We have chosen IT- og EU-specialists [Bird & Bird](https://www.twobirds.com), and advokat Martin von Haller leads the team. The European Court of Justice was unusually clear when striking down the surveillance regulation in both the case of Digital Rights and Tele2/Watson. It did not come as a surprise to anybody, and obviously it withdrew any legal basis from the ministerial notice.
* ### What is the relationship to human rights? Justice minister Søren Pape Poulsen wants to continue surveillance, and is desperately looking for a way to sneak it through parliament. There is a large majority for doing it, but it would require Danish secession from the Council of Europe and potentially the European Union. Denmark would then stand with Belarus as one of only two European states not a party to the Convention on Human Rights.
Human rights are your rights againt governmental abuse. Some countries have human rights enshrined in their constitutions, but in Denmark they mainly exist in the form of the European Convention on Human Rights ([pdf](http://www.echr.coe.int/Documents/Convention_ENG.pdf)). It was written after the second world war to avoid history repeating, and over time it has been updated to protect minorities and to avoid the emerging terrors from states on both sides of the iron curtain. Metadata retention is a criminal act, and the minister is only kept out of jail by constitutional provision stating that only other politicians can bring him to justice.
The people of the European Union has agreed upon an updated version of the convention in 2000, the EU Charter on Fundamental Rights ([pdf](http://www.europarl.europa.eu/charter/pdf/text_en.pdf)), where the protection of privacy is emphasised.
The Danish mass surveillance and retention of metadata is an obvious violation of both conventions, and it has been established that both are important parts of Danish law. The current surveillance is more intrusive than the surveillance conducted by both Gestapo and STASI.
You have the right not be the victim of this.
* ### Are you profiting from this? What will happen if there's too much money?
No. All of the funds will go to paying legal fees and the attorney, ([Bird & Bird](https://www.twobirds.com)). If there is “too much” money (unlikely), it will be forwarded to a similar case or organisation.
* ### What is being retained about me?
The location of your mobile phone at all times of every day. Who you communicate with and, to some degree, what you do online. You can ask your provider for a copy of the data. If they reply within a reasonable time, they are allowed to charge you up to 200 DKK for it.
* ### The minister says he need time to replace the legislation. Isn't that ok?
No. When mass surveillance was brought in on EU level, politicians were told it violates human rights, and thus it would be illegal. When implemented in Denmark they were told the same. When the ministerial notice was issued they were told again.
A ministerial notice (bekendtgørelse) cannot exist without a legal basis in a law, and a law implementing EU regulation cannot exist when the regulation has been struck down.
The European Court of Justice was unusually clear when striking down the surveillance regulation in both the case of Digital Rights and Tele2/Watson. It did not come as a surprise to anybody, and obviously it withdrew any legal basis from the ministerial notice.
Justice minister Søren Pape Poulsen wants to continue surveillance, and is desperately looking for a way to sneak it through parliament. There is a large majority for doing it, but it would require Danish secession from the Council of Europe and potentially the European Union. Denmark would then stand with Belarus as one of only two European states not a party to the Convention on Human Rights.
Metadata retention is a criminal act, and the minister is only kept out of jail by constitutional provision stating that only other politicians can bring him to justice.
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