ciferecaNinjo

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Given that we are now forced to patronise a bank in Belgium, I believe bank contracts must now be regarded as signed under duress. So as a consequence there may be various laws that protect those who sign something under duress, which are now triggered.

For example under the GDPR, if the legal basis for data processing is consent, there is a rule that the consent must be “freely given” or it ceases to have the effect of consent. If you sign a bank contract under duress then IIUC it should have this effect: no change to any processing mentioned in the contract that is necessary for performance of the contract, but any processing that is not essential to performance of the contract would require consent. But since the bank does not legally have consent, they cannot lawfully process the data in those situations.

Can anyone else think of any other consequences that result when a bank contract is signed by force and under duress?

I once lost access to my money because my ID card the bank had on file expired. Instead of sending me a notice or warning, the bank simply blocked the bank card. That was the bank’s way of communicating. It got me in the door dancing for them the next moment the bank was open. If that same scenario were to play out now that agreement is signed under duress, I could argue that my consent to cut off my card as a communication mechanism was not freely given -- correct? Or am I misunderstanding something?

 

It’s disturbing to hear the UK is /again/ changing the banknotes (according to BBC WS). Does this in any way shorten any deadline to trade-in the previous notes? Will it be possible to trade in notes that are 2 generations old?

I have a couple thousand GBP banknotes. These are the previous style and no longer legal tender. I would get burnt if I tried to exchange them for my local currency because the exchange service cannot sell them (they must send them to England). I believe I can still travel to the UK and exchange them fairly legal tender at post offices, correct?

 

Forced-banking has become a reality in Belgium. SPF Finances quit accepting cash payments for tax in 2019. Electrabel, Luminus, Totaal Energy, and Vivaqua all refuse cash payments for essential services (water and power).

It has become impossible to live in Belgium without being forced into the marketplace to patronise a bank. Effectively, you have no right to boycott banks in Belgium.

Consequently, banks have no incentive to earn your business. One bank has closed its doors and shut down its web portal, forcing customers to continuously buy recent Android phones and maintain a Google account to run the bank’s app (the only means of access to their account).

So the question is, what non-profit NGOs are standing up for consumers and human rights on this issue? Who can we support and collaborate with in order to fight for our right to use cash in Belgium?

According to the European Central Bank, surveys show 60% of Belgians want the option/right to use cash, while only 45% of the population actually use cash. The 15% of cashless people who want the cash option will probably grow until cash is wholly eliminated -- because not using cash empowers forced-banking.

 

I would like a complete list of Belgian NGOs relevant to:

  • human rights
  • consumer rights
  • privacy
  • digital rights and right to unplug

I’m aware of the following orgs. Have I missed any?

Human rights:

  • Amnesty International Belgique
  • League of Human Rights
  • UNIA
  • Vlaams Mensenrechteninstituut
  • Association pour le droit des étrangers

Consumer rights:

  • Test-Achats
  • Euroconsumer (possibly dead)

Digital rights, privacy, transparency and the right to unplug:

  • 1710.be
  • Abelli asbl
  • Ateliers DK
  • Kids Unplugged (focused on smartphone-free childhoods)
  • Neutrinet
  • Technopolice (anti-video surveillance focus)
  • Tac-Tic asbl
  • Yellow Jackets (fights against forced-banking, but apparently a ghost org… no website or contact info)
  • EDRi; NoyB (Europe-wide)

(dead ends?)

  • Comité Humain du Numérique (possibly dead)
  • DasPrivé (possibly dead)
  • Datapanik (possibly dead)
  • Gang des Vieux en Colère (possibly dead)
  • Ministry of Privacy (possibly dead)
  • Open Knowledge Belgium VZW/asbl (possibly dead)
  • ethicalnet.eu (possibly dead)
 

In Brussels we are increasingly reaching a point where we can no longer talk to people face-to-face without technical hurdles and blockades. It’s clear why the Gang of Angry Elders are angry.

I simply entered a law office as a prospective customer. The door man said all visitors must register on the touchscreen tablet they had mounted on the desk, which made email and phone number a required field in order to advance to the next screen before submitting the registration. This is in Belgium, where the GDPR has a data minimisation protection in Article 5. You must surrender an email address (likely to a Microsoft user) as a precondition to sitting in the same room with someone.

Law offices, press offices, banks, and NGOs (some of which protect human rights) have put these security gatekeepers in their lobbies to prevent people talking to people. You ask to talk to someone and the response is always “do you have an appointment”? When the answer is “no”, they are helplessly incapable of making an appointment then and there. It’s a new level of human dysfunctionality.

Some Dexia branches have a very narrow time slot for people without appointments. You must get there early in hopes to get a queing position that does not get cut off at the end of the time slot.

The concept of a supplier that is subservient to the customer’s needs has been lost. It has flipped because too many boot-licking consumers are simply willing to be a doormat.

The persistence of CAPTCHAs proves this. If enough people were wise enough to refuse to solve CAPTCHAs, the CAPTCHAs would natrually be discontinued. But CAPTCHAs remain because too many boot-lickers are serving their corporate masters.

 

Starting with the open data EU directive:

https://eur-lex.europa.eu/legal-content/EN/NIM/?uri=CELEX%3A32019L1024

I went to "national transposition" on the sidebar, expanded Belgium, and I see lots of Wallonia-specific statutes. The Brussels specific laws would be interesting but what I fetched was not a complete body of current law. It was a long list of modifications of past law along the lines of “change this word… replace that word..”, etc.

Does anyone have a link to the full current open data law? Preferably in french because that works best for machine translation.

 

I was startled to find this gem in EU directive 2019/1024 Art.9 ¶1:

Where possible, Member States shall facilitate the cross-linguistic search for documents, in particular by enabling metadata aggregation at Union level.

Even if you neglect the “cross-linguistic” specification, merely making public documents searchable is a huge leap of progress in the EU. And I think all member states are currently breaking that law for the most part, as we are generally forced to rely on private sector ad surveillance garbage from Google and Bing to find most public sector docs.

Sure there are a few scattered search tools for some very specific collections of documents. But most public documents are not at all indexed in any publicly administered search tool.

Of course the “cross-linguistic” specification is quite interesting because document translations are sometimes performed but the result is often not shared and even more often not searchable. E.g., for some reason a university or institution in Belgium (possibly public sector) went to the effort of creating a good English version of a big piece of the Belgian Economic Code. I was lucky to stumble into it out in the wild. Per the directive (which is hopefully transposed into national law), someone who searches for that section of Belgian economic code should get a reference to the unofficial English version along with the French and Dutch versions. But they certainly do not because the national legal statutes search site is hard-coded for just French and Dutch.

This touches on a recent question I asked. If the EU were to obtain an English version of transposed directives, in principle they should be furnishing that to the public. There’s one snag here though: the open data directive seems to exclude the EU itself from Art.9.

 

I could not reach the site from Tor. The linked page is the archive.org cached version, which actually is open to all.

 

I could not reach the site from Tor. The linked page is the archive.org cached version, which actually is open to all.

[–] ciferecaNinjo@fedia.io 1 points 1 month ago (1 children)

That does not seem to be the reality down on the ground. A guy was complaining about his 50 EUR cash deposit being refused because he could not prove the source.

Maybe you are thinking what the law mandates, in a situation where banks are free to be more extreme than the law? A lot of banks generally try to be “overachievers” when it comes to legal compliance because consumers are pushovers and regulators only care about the legal infringements that concern the state and not consumers. Some banks refuse cash deposits entirely and outright. So if that’s legal, why would it not be legal to demand proof of source on a deposit of €50?

BTW, if you find a bank that minimally complies with the law and gives the full legally permissible amount of privacy to customers (and respects GDPR data minimisation laws), please let us know! I don’t think such a thing exists.

 

Belgian banks have gone to the Orwellian extremes of outright refusing cash deposits without proof of source, even for small amounts as low as €50! The war on cash (war on privacy) is in full swing in Belgium.

At the same time, German ATMs are not producing receipts. My understanding of EU law is that the ATM must print a receipt if there is a currency exchange on the ATM’s side of the transaction (please correct me if I’m wrong). But I see no EU law requiring ATMs to print receipts generally. Some ATMs in Germany don’t even have printers; no slot for dispensing receipts. By extension, I suppose such ATMs must not be capable of offering dynamic currency conversion (which is bizarre because that’s where the most profit is in the ATM business).

In any case, it seems a bit off that you can get cash from a German ATM, get denied a receipt (you don’t know in advance that a receipt will not be given), and then you cannot deposit that cash in Belgium due to their nannying.

Or can you? What if you write down the ATM machine’s number, location, time, date, and amount. Would a log of that information serve to document the source of the cash to legal standards?

 

Belgian banks have gone to the Orwellian extremes of outright refusing cash deposits without proof of source, even for small amounts as low as €50! The war on cash (war on privacy) is in full swing in Belgium.

At the same time, German ATMs are not producing receipts. My understanding of EU law is that the ATM must print a receipt if there is a currency exchange on the ATM’s side of the transaction (please correct me if I’m wrong). But I see no EU law requiring ATMs to print receipts generally. Some ATMs in Germany don’t even have printers; no slot for dispensing receipts. By extension, I suppose such ATMs must not be capable of offering dynamic currency conversion (which is bizarre because that’s where the most profit is in the ATM business).

In any case, it seems a bit off that you can get cash from a German ATM, get denied a receipt (you don’t know in advance that a receipt will not be given), and then you cannot deposit that cash in Belgium due to their nannying.

Or can you? What if you write down the ATM machine’s number, location, time, date, and amount. Would a log of that information serve to document the source of the cash to legal standards?

 

A Turk was telling me about a peaceful demonstration he attended, in Turkey. He said police surrounded the protest. Then someone in plain clothes threw a stone at the police. One of the demonstrators noticed that the guy who threw the stone had handcuffs in his back pocket. IOW, a cop posing as a demonstrator threw a stone in order to justify the police tagging the protest as “violent” so they could shut it down.

So of course the question is, to what extent are bad actors on Tor actually boot lickers who are working to ruin Tor for everyone?

[–] ciferecaNinjo@fedia.io 2 points 1 month ago

I don't know the Belgian case, but I think it's the same thing in many member states; the publishing of laws online is done by private for-profit companies, and comes with weird restrictions.

Belgium has an open data law obligating the state to make available to the public generally all information that the state has, with some reasonable restrictions w.r.t private info about individuals. Legal statutes themselves would obviously have to be openly accessible under that law. That law was even used to force publication of train routes and schedules. I’ve not read the law but I guess it’s likely sloppy about what constitutes “open”, because the state’s own website is access restricted (e.g. Tor IPs are blocked).

[–] ciferecaNinjo@fedia.io -2 points 1 month ago

If a resource blocks certain IP addresses, that is not open access. It is access restricted. It is a deliberate blockade against a demographic of people.

“Open data” has different meanings in different bodies of law, so your comment is meaningless without context. But in any case, we can call shenanigans whenever an “open data” legal definition fails to thwart access restrictions in an Emporer wears no clothes type of attempt.

IOW, you cannot claim that an access restriction ceases to exist on some emotional plea that you believe the access restriction is just, appropriate, or necessary. An access restriction is an access restriction. “Open” implies open to all people, not some select demographics.

[–] ciferecaNinjo@fedia.io 2 points 1 month ago

Yes I understood that but it is not correct. We choose to use Tor for privacy, not to lose access to resources. There is no exclusion on the Tor side of this.

[–] ciferecaNinjo@fedia.io 1 points 1 month ago (4 children)

You don’t know how Tor works. The Tor community has exit nodes on the clearnet which give them inclusion. When a tor user is blocked, the exclusion is done by the resource, not from the Tor side. The tor network in no way excludes people from accessing legal publications.

[–] ciferecaNinjo@fedia.io 1 points 1 month ago (2 children)

I mentioned that, along with the problem of that. As well as the problem of searching using private sector tools.

We should not be pushed to use private search engines like Google, Bing, or their syndicates to find public resources. Public administrations have an “open data” obligation to some extent. Certainly the EU knows where the member state’s implementations are.

[–] ciferecaNinjo@fedia.io 1 points 1 month ago (10 children)

This is generally saying if you are being discriminated against, change whatever your demographic is that is subject to discrimination. Putting oneself inside the included group does nothing to remedy the fact that there is an excluded group of people.

It’s also wrong to assume everyone has clearnet access. At this very moment I am using a machine that does not have clearnet access.

[–] ciferecaNinjo@fedia.io 1 points 1 month ago

What an anti-feature. Thanks for pointing that out! Should be corrected now.

[–] ciferecaNinjo@fedia.io 2 points 1 month ago (1 children)

Well that rationale doesn’t withstand the fact that people can change their gender identity without updating their ID docs. Recipe for disaster.

[–] ciferecaNinjo@fedia.io 2 points 2 months ago (1 children)

Well, it wouldn’t require lying but certainly it seems tricky. You can deregister before you leave the country and neglect to provide an address for where you are going -- because you wouldn’t necessarily know in advance and you cannot provide information that does not exist. So they clear your address from your id card which then just has an empty address.

Correct me if I’m wrong, but you don’t have a specific legal obligation to state where you live abroad.

Though one snag is that you have a legal obligation to vote in elections and you must vote in the nearest embassy, which requires giving an address to get on the voting roster. However, voting is not strictly enforced. If you fail to vote there is a small fine but I don’t think they actually hit unregistered people abroad with that. If you do not vote in 3 consecutive elections, then you could lose your voting rights for a few years, I think.

I do not believe the bank gets a notification that you have deregistered. But at some point your ID card on the bank’s files will expire and they will expect an updated copy and freeze your account until they receive it.

If you walk into an embassy to “renew” your passport, do they demand an address? I would think you would pick up your passport at the embassy a week later. Or do they mail it?

Anyway, I can understand giving in to surveillance and disclosing US ties, but OTOH it seems like a nightmare to do what’s expected as well.. to be tagged as a toxic US person. It’s a mess either way. Perhaps the wisest move is to “move” to Canada, stay there a couple months, setup residency, then move to the US and just neglect to mention it. Get mail forwarding from Canada.

[–] ciferecaNinjo@fedia.io 1 points 2 months ago (3 children)

Half their internet banking site is off-limits to me

Mind elaborating? Did they restrict your account specifically, or does the website simply treat logins from the US differently? I’m surprised you wouldn’t retain full cloud access so long as your account exists under the terms you signed up for.

I don’t understand why you would tell your Belgian bank that you left Belgium, particularly when your new residence is the US which flags you as a toxic asset that requires special handling. That could only work against you. Surely you would be better off not telling them you moved and use a VPN to Belgium to access your acct.

[–] ciferecaNinjo@fedia.io 1 points 2 months ago

Bingo. This is true even across EU borders. Rabobank in Netherlands does not exchange info with Rabobank in Belgium, IIUC. (but note I think Rabobank quit doing business in Belgium eventually anyway)

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