Protect European organisations from foreign sanctions pressure

Protect European organisations from foreign sanctions pressure

Last week, BIT, together with various organisations and internet service providers, called on the Dutch government and the Dutch House of Representatives to protect European organisations from foreign sanctions pressure.

Sanctions Policy

The letter was initiated by PublicSpaces. Along with them, and many others, we are concerned about the impact of US sanctions policy on an open and free internet. The consequences of the International Criminal Court being placed on the US sanctions list are well known. In recent weeks, it emerged that an Italian cloud provider has been added to the US list. The result: within two weeks, this provider lost its .org domain and access to its bank account(s) – at an Italian bank, of all places. A nightmare scenario for any European provider.

BIT

Ever since BIT was founded in 1996, we have chosen to organise our services as independently as possible. At the time, this was not out of fear of potential sanctions, but because we wanted to be fully responsible for the services we provide. This has ensured that our internet services are among the most independent in Europe.
Last year, at a time when the geopolitical climate was becoming increasingly bleak, we took another close look at our dependencies. We subsequently decided to move our third nameserver, third mail server and status page from the .org domain to the .eu domain. In addition, even back then, we asked our bank to stop complying with the US sanctions list. However, we are under no illusion that no foreign power can exert any influence over BIT. We therefore join others in calling on Parliament and the Government to take five measures.

1. Invest in independent European digital infrastructure

Give high priority to the development of an independent European digital infrastructure and promote open-source Dutch and European alternatives for cloud services, social media and payments. Let the government set a good example by hosting public services within the EU, whilst maintaining open standards and a single global internet.

2. Take diplomatic action

Speak out against the disproportionate impact of extraterritorial sanctions on European service providers and their users, and discuss this urgently with the US government — preferably at European level. Also assess the role that the European Anti-Coercion Instrument can play in warding off pressure on the European internet sector.

3. Ensure European legal protection and practical assistance

Investigate extending the Blocking Regulation — which currently only covers certain US measures relating to Cuba and Iran — and establish a point of contact, legal assistance and practical support. As long as cooperating as a precaution remains the safest course of action, protection exists only on paper.

4. Protect banking services for organisations and businesses

Provide additional protection for organisations and businesses that lose access to banking services as a result of foreign sanctions, with individual assessments, reasons given, and a swift appeals process with banks and regulators — whilst maintaining existing sanctions and rules against money laundering and terrorist financing.

5. Safeguard digital and financial services for the International Criminal Court

In line with the Netherlands’ responsibility as host country, draw up an interdepartmental plan to ensure that digital and financial services remain available to the Court, involving the Court, banks and Dutch suppliers.

What are we asking of the Government?

We ask the Government to provide a response regarding immediate assistance in the event of imminent system failure, in conjunction with its reply to the parliamentary questions of 14 September and, in any event, before the committee debate on ‘Digital Government and Oversight’ on 30 September. We also ask for a plan within six weeks setting out concrete measures, the ministers responsible and deadlines — and that the House take this letter into account during that debate.

Co-signed by

PublicSpaces, Internet Society Netherlands, Bits of Freedom, Waag Futurelab, NextCloud, Freedom Internet, SETUP, IMPAKT, Dutch Cloud Community, Mentaal.nl, BovenJan, Greenhost, Soverin, DOSBA, Mediamatic, DoeiDag, Framer Framed, OID Foundation, Open State Foundation, The Good Cloud, EYE, Post X Society, NLUUG, CODE for NL, Gebiedonline, Stichting Privacy by Design, Coalitie Eerlijk Digitaal Onderwijs, Tetem, Open Nederland, Privacy First, BIT and The Firewall.