‘Terrifying Precedent’: Dutch Hand US Data From Seized Anti-Fascist Server

What it is

Amsterdam police seized a server belonging to Autistici/Inventati (A/I), an Italian anti-fascist hosting collective, from a data center in eastern Amsterdam. The NL Times reported the seizure on a Saturday, and Dutch authorities are now handing the data to the US. The page does not say which services or accounts were on the server, or what the US plans to do with the data.

How it works

Lawyer Yuriy Brisov of Digital & Analogue Partners says the US designation of A/I as a Specially Designated Global Terrorist has no standing in the Netherlands. The seizure ran under the 1981 US-EU Mutual Legal Assistance Treaty (MLAT) signed in The Hague. Dutch officers acted under Dutch law and Dutch powers, at US request. Brisov says Dutch prosecutors follow a "trust principle" and do not test whether a request is proportionate or whether the US needs the material.

flowchart TD
    A[US request under 1981 MLAT] --> B{Dutch refusal grounds checked?}
    B -->|Essential interests, political offence, double jeopardy| C[Request can be refused]
    B -->|Trust principle applied| D[Dutch police seize server]
    D --> E[Data handed to US]

Preconditions / Affected

The designation needs no conviction and no court hearing, according to Brisov. Neither the Dutch government nor the EU adopted it. A/I disbanded after the designation because users and donors faced possible repercussions. The page says the designation bars US-based people and organizations from doing business with the group.

Caveats

Brisov says the Dutch could have refused if the request harms essential interests, concerns a political offence or amounts to double jeopardy. Seizure also requires conduct that is a crime in both countries with a penalty above one year. Dutch law reserves the political-offence question for Justice and Security Minister David van Weel personally. Brisov questions whether anyone asked it. He also notes that hosts are not normally liable for user conduct under US law and the EU Digital Services Act.

Harry Halpin, CEO of Nym, calls the seizure a "terrifying precedent." Halpin argues that only multi-jurisdictional, decentralized hosting can resist nation-state attacks on infrastructure. That is Halpin's opinion, and Nym sells privacy infrastructure.

The page does not confirm whether the Dutch weighed the refusal grounds. Brisov only questions it.