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Opdateret tekst. Overså en minister.
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@ -74,7 +74,7 @@ sections:
id: hvorforPape id: hvorforPape
answer: Han er ikke længere justitsminister. answer: Han er ikke længere justitsminister.
explanation: | explanation: |
Logning har altid været ulovligt. Søren Pind, Mette Frederiksen, Karen Hækkerup, Morten Bødskov, Brian Mikkelsen, Søren Pape og Nick Hækkerup har logget ulovligt som justitsministre, så det er ikke et spørgsmål om politiske holdninger. Sagen fortsætter ufortrødent, nu hvor Nick Hækkerup er minister. Det er et spørgsmål om at respektere fundamentale rettigheder, herunder alles ret til privatliv. Logning har altid været ulovligt. Søren Pind, Mette Frederiksen, Karen Hækkerup, Morten Bødskov, Brian Mikkelsen, Søren Pape og Nick Hækkerup har logget ulovligt som justitsministre, så det er ikke et spørgsmål om politiske holdninger. Sagen fortsætter ufortrødent, nu hvor Peter Hummelgaard er minister. Det er et spørgsmål om at respektere fundamentale rettigheder, herunder alles ret til privatliv.
Pape skilte sig dog ud fra mængden, fordi han skrev et [brev til telebranchen](papesbrev). Det var ulovligt at han skrev brevet, men kun Folketinget kunne have stillet ham til ansvar for brud på ministeransvarsloven. Måske inspirerede han Nick Hækkerup, som i 2020 skrev [et tilsvarende brev](nicksbrev). Pape skilte sig dog ud fra mængden, fordi han skrev et [brev til telebranchen](papesbrev). Det var ulovligt at han skrev brevet, men kun Folketinget kunne have stillet ham til ansvar for brud på ministeransvarsloven. Måske inspirerede han Nick Hækkerup, som i 2020 skrev [et tilsvarende brev](nicksbrev).

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content: content:
- heading: What about Søren Pape? - heading: What about Søren Pape?
answer: He is no longer minister of justice. answer: He is no longer minister of justice.
explanation: | explanation: |
Current minister is Peter Hummelgaard, so he is party to the lawsuit. Data retention was equally illegal when Søren Pind (V), Mette Frederiksen (S), Karen Hækkerup (S), Morten Bødskov (S), Brian Arthur Mikkelsen (K), Søren Pape (K), Nick Hækkerup (S) and Mattias Tesfaye (S) held the office. It is not a political issue. It is about honouring the law and not violating the fundamental rights. Current minister is Peter Hummelgaard, so he is party to the lawsuit. Data retention was equally illegal when Søren Pind (V), Mette Frederiksen (S), Karen Hækkerup (S), Morten Bødskov (S), Brian Arthur Mikkelsen (K), Søren Pape (K), Nick Hækkerup (S) and Mattias Tesfaye (S) held the office. It is not a political issue. It is about honouring the law and not violating the fundamental rights.
Pape was special because he wrote [an illegal letter](papesbrev), requiring the telco network owners to continue to retain data. This was a violation of the constitution, but the same document states that only parliament can hold him responsible. Pape was special because he wrote [an illegal letter](papesbrev), requiring the telco network owners to continue to retain data. This was a violation of the constitution, but the same document states that only parliament can hold him responsible.
@ -60,13 +60,13 @@ sections:
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.
- heading: Why not TDC? - heading: Why not TDC?
answer: Pape wrote a letter telling them to surveil illegally. answer: Pape wrote a letter telling them to surveil illegally.
explanation: | explanation: |
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. 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.
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. 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.
- heading: Why should I care? If surveillance can hinder crime, I'm pro data retention! - heading: Why should I care? If surveillance can hinder crime, I'm pro data retention!
answer: It is a myth that data retention helps the police. answer: It is a myth that data retention helps the police.
explanation: | explanation: |
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 crimes and a database table of everybody's movements makes it possible to collate data and prove that everybody is guilty. 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 crimes and a database table of everybody's movements makes it possible to collate data and prove that everybody is guilty.
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. 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.
@ -74,13 +74,13 @@ sections:
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. 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.
- heading: Who's behind this? - heading: Who's behind this?
answer: Foreningen imod Ulovlig Logning (The Association Against Illegal Surveillance). answer: Foreningen imod Ulovlig Logning (The Association Against Illegal Surveillance).
explanation: | explanation: |
Human rights jurist [Rasmus Malver](https://twitter.com/rasmusmalver) kickstarted the fundraising with a contribution of 30.000 DKK, and the second large donor was [Bitbureauet](https://bitbureauet.dk/). In January the movement gained traction and today 100s of people, businesses and organization have donated. An organization was created to hold the money, and it will all be used to pay the legal fees. Human rights jurist [Rasmus Malver](https://twitter.com/rasmusmalver) kickstarted the fundraising with a contribution of 30.000 DKK, and the second large donor was [Bitbureauet](https://bitbureauet.dk/). In January the movement gained traction and today 100s of people, businesses and organization have donated. An organization was created to hold the money, and it will all be used to pay the legal fees.
We have chosen IT- and EU-specialists [Bird & Bird](https://www.twobirds.com), and lawyer Martin von Haller leads the team. We have chosen IT- and EU-specialists [Bird & Bird](https://www.twobirds.com), and lawyer Martin von Haller leads the team.
- heading: What is the relationship to human rights? - heading: What is the relationship to human rights?
answer: You have a right to privacy. answer: You have a right to privacy.
explanation: | explanation: |
Human rights are your rights against 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. Human rights are your rights against 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.
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 emphasized. 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 emphasized.
@ -90,15 +90,15 @@ sections:
You have the right not be the victim of this. You have the right not be the victim of this.
- heading: Are you profiting from this? What will happen if there's too much money? - heading: Are you profiting from this? What will happen if there's too much money?
answer: No. And excess funding will be forwarded to a similar case or organization. answer: No. And excess funding will be forwarded to a similar case or organization.
explanation: | explanation: |
All of the funds will go to paying legal fees and the attorney, ([Bird & Bird](https://www.twobirds.com)). If we end up with excess money (unlikely), it will be forwarded to a similar case or organization. All of the funds will go to paying legal fees and the attorney, ([Bird & Bird](https://www.twobirds.com)). If we end up with excess money (unlikely), it will be forwarded to a similar case or organization.
- heading: What is being retained about me? - heading: What is being retained about me?
answer: Among other things what phone you have, where you are and who you're communicating with. answer: Among other things what phone you have, where you are and who you're communicating with.
explanation: | explanation: |
The location of your mobile phone every time you send or receive a text or a call. Also who you communicate with. You can ask your provider for a copy of the data. The location of your mobile phone every time you send or receive a text or a call. Also who you communicate with. You can ask your provider for a copy of the data.
- heading: The minister says he needs time to replace the legislation. Isn't that ok? - heading: The minister says he needs time to replace the legislation. Isn't that ok?
answer: No. answer: No.
explanation: | explanation: |
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. 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. 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.