BRUSSELS — New powers proposed for the EU’s border police Frontex to monitor social media pose a threat to free speech, European lawmakers and civil society groups have told POLITICO.

The EU Commission’s proposal Tuesday for a major revamp of the coast and border patrol agency included a broad and explicit mandate to monitor social media for information that aids or encourages illegal border crossings into the European Union.

Social democratic Italian lawmaker Brando Benifei told POLITICO it was “legitimate” for authorities to remove online advertisements for human smuggling: “But a broad social media surveillance mandate goes much further, placing online speech under a border agency’s watch.”

After a 2019 monitoring tender with similar powers was revoked over criticism about privacy violations, Benifei said “the Commission now proposes copying ICE’s invasive online tracking,” referencing the much-criticized surveillance tactics of the U.S. Immigration and Customs Enforcement agency.

Under the EU proposal, Frontex would set up an internal structure to monitor social media and report to the platform in question the content it says is facilitating illegal entry to EU countries. This comes as the Commission is seeking to double the agency’s budget for the next seven years and vastly expand its powers to deport people.

The EU already has several structures that facilitate the exchange of information between civil society, social media platforms and authorities when it comes to disinformation campaigns or illegal content. These include a rapid response system on disinformation campaigns under the Digital Services Act (DSA), the EU’s landmark law regulating digital platforms, as well as a recently established democratic resilience center.

Policing content

Brussels must tread a careful balance not to police individual pieces of content, especially given criticism from civil society activists that it is trying to become the arbiter of truth online. The legality of content is set by countries, which assign their authorities or civil society to monitor the platforms for problematic postings to be flagged to the platforms to be taken down.

Frontex would apply for trusted flagger status under the DSA, which gives priority to the content it flags to social media platforms. Entities that apply for this status have to demonstrate expertise and independence to a national authority, which grants them special status.

“The DSA’s trusted flagger program was never conceived for police forces to circumvent due process when assessing the legality of people’s online expression,” said Jan Penfrat, senior policy advisor at civil society group EDRi.

The Commission’s initial communication suggested Frontex “will be acting” as such an entity, which EU tech chief Henna Virkkunen later clarified meant they would apply for it. That application would have to be reviewed by a national authority to check Frontex’s independence and expertise in that area.

Polish right-wing MEP Piotr Müller told POLITICO that the “mandate must be precise” in focusing on criminal networks. “Frontex should go after smugglers and human traffickers, not police opinions about migration.” Müller is among those that criticize the DSA as policing free speech online.

Executive Vice President Virkkunen announced the news at a meeting Tuesday of signatories of the DSA’s code of conduct on disinformation, some of whom are trusted flaggers. Questions around the implications of the measures for freedom of speech and assembly came up in the closed-door meeting. According to two attendees, Renate Nikolay, deputy director general of DG CONNECT, the Commission’s tech department, tried to assuage the free-speech concerns.

Other lawmakers took a positive, yet reserved, stance towards the changes in Frontex’s mandate. The EU’s migration authorities “need the tools to respond to the changing threats at Europe’s borders, including smugglers using social media to spread lies and promote dangerous crossings,” which can include “better monitoring and information-sharing,” Regina Doherty, a center-right MEP from Ireland told POLITICO.

But “the priority now is to get the detail right so authorities can act quickly within a clear legal framework, and platforms take responsibility for illegal content,” she pointed out.

Austrian center-right MEP Andreas Schwab said that “social media clearly is becoming more and more a concern, but we should not have too many tools – let’s make use of the DSA.”

Another MEP who knows the agency well was more blunt. Fabrice Leggeri, a former director of Frontex who hails from the far-right French National Rally party, said that the new powers amounted to an “attempt to censor freedom of speech in Europe” by Commission President Ursula Von der Leyen.

The Commission didn’t respond to POLITICO’s repeated requests for comment on Frontex’s expertise in this domain.

Max Griera contributed to this report.

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A Serbian prosecutor investigating alleged corruption surrounding a Trump real estate project in Belgrade was targeted with Israeli-made Pegasus spyware after speaking out about political interference and abuses of power, according to research made public Monday.

Rade Bajić, a member of Serbia’s Public Prosecutor’s Office for Organized Crime, is reported to be the latest target identified in a growing spyware scandal that has engulfed the country’s political opposition, civil society and institutions.

The research is the latest by Toronto University’s Citizen Lab in collaboration with Serbian digital rights organization, SHARE Foundation, including the discovery that Bajić received an Apple Threat Notification iMessage on Aug. 13.

The spyware revelation comes amid mounting controversy over plans to redevelop the former Yugoslav military headquarters in Belgrade into a luxury Trump Tower skyscraper. The project, associated with Jared Kushner, U.S. President Donald Trump’s son-in-law, has faced allegations of political interference and irregularities surrounding the removal of the site’s protected heritage status.

Bajić’s targeting follows revelations in September that at least 14 people in Serbia, including student activists and opposition figures, had received warnings indicating they may have been targeted with sophisticated spyware. Researchers at Toronto University’s Citizen Lab confirmed a Pegasus infection in at least one case. 

“In Serbia, spyware surveillance has steadily expanded from civil society and journalists to student activists, politicians and now university and judicial representatives,” said Andrijana Ristić, a policy advisor at SHARE Foundation. “This escalation is fueled by perceived impunity and state inaction, even in cases where criminal complaints have been filed.”

Another prominent figure caught up in the surveillance scandal is Vladan Đokić, rector of the University of Belgrade, whose phone was infected with Pegasus, according to the same report.

Đokić has emerged as a prominent figure in Serbia’s protest movement after refusing to facilitate a government crackdown on student demonstrators. He has faced sustained pressure from authorities, including a police raid on his university offices on March 31, during which computers and servers were reportedly seized.

Until September, Đokić was also frequently mentioned as a potential leader of the student-backed electoral list ahead of Serbia’s planned Oct. 25 parliamentary snap elections.

The identity of those responsible for deploying Pegasus against Bajić and Đokić has not been established.

“NSO has spent a decade claiming to turn over a new leaf each time an abuse surfaces. But there is no hiding the truth: Pegasus is a technology for repression,” said John Scott-Railton, a senior researcher at Citizen Lab. “It’s no accident that people standing up for freedom in the face of corruption keep getting hacked with NSO’s products.”

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