Thursday, March 19, 2015

The bill intelligence almost unanimously against it … – The Computer

 

Some ears had to whistle this morning at the Elysee. The Council of Ministers was examining indeed the draft intelligence law, legislation that raises the ire of associations and the digital industry professionals. Anthology of reactions …

 

The bill on intelligence, whose pillars were unveiled yesterday by Le Figaro , was to be considered today by the Council of Ministers. The text was not yet arrived at the Elysee table that already abounded criticism from all sides. That is to say if this law is controversial: it not only widens the intelligence field without the supervision of a judge, but also legalizes practices “under the coat” employed by the intelligence services.


 

The Digital Syntec is concerned about the “ draconian measures ” in this bill. He points the finger in particular the “ end of exceptional security interceptions ‘,’ no guardrail on geolocation ‘,’ ‘s decryption requirement for companies “and finally” no guarantees for the data used and collected . ” Guy Mamou-Mani, “ if the safety of citizens is essential, it can not be at the expense of the fundamental freedoms of the nation. [...] Since 1986, every terrorist act was monitoring of legislation and the last, passed in November 2014, is not yet in force as the Government still calls for new measures. We recall that the existing measures already provide extremely wide powers to the services contributing to the nation’s security . ” Especially since such legislation could significantly reduce “ the attractiveness of our territory ” in the eyes of the IT sector companies.


 

On the side of the Quadrature du Net, it slays “ safe manipulation ” attacks against Charlie Heldo and kosher supermarket in January. The association denounced a “ incredible drift government’s surveillance of citizens ” and lists the various measures that we already were describing yesterday. “ Do not draw any lesson from the case law of the Court of Justice of the European Union [...] Bill also envisages an increase in 5-year data retention by service Intelligence “writes Quadrature in a statement. Recall that the ECJ considered that the widespread and prolonged retention of non suspicious individuals personal data is a violation of fundamental rights.


 

Mass Surveillance

 

The CNIL has not responded officially, but a working document which Le Monde had access sheds light on the opinion of the Commission on the bill. The massive collection of data, including the deregulated use of security interceptions, but also the use of local devices such as “Imsi-Catcher” worried … Especially as the CNIL considers the “ safeguards to preserve the rights and freedoms [...] sufficient . ” Automating the detection of suspicious behavior also raises fears of abuses. Indeed, the anonymity of the data collected can be “ lifted in case of a terrorist threat characterization .”


 

For the National Council of Digital, “ it is unfortunate that the bill does not reaffirm the general principle of subsidiarity, which reserves infringements of personal freedoms to cases where it is impossible to do otherwise . ” Especially as the justifications for monitoring “ not possible to define rigorously the legal scope of intervention Intelligence .” These cases (national defense, foreign policy interests, major economic or scientific interest, etc.) can offer an extremely broad interpretation to the judge without supervision. “ The scope of data that can be exploited by monitoring techniques also remains unclear ” added CNNum, joining this point the opinion of the Quadrature of the risks of “ mass surveillance . ”


 

Location Orwellian

 

Finally, Nitot (member of CNNum, founder of Mozilla Europe, Chief Product Officer at Cozy Cloud …) is the one that chews least his words (and yet it holds). Also seeks, among others, the automatic detection of suspects by the digital actors. “ For this, the state will provide black boxes that need to be installed on the premises of operators. I’ll put it clear: everyone in France will be monitored by an algorithm provided by the government . ” An Orwellian situation: “ Big Brother is a reality. The arms fall to me , “he laments.


 

In essence, all agree that the spirit of January 11, succeeds the right to spy with impunity, without judicial review. This afternoon, the digital industry associations are expected at Matignon to speak about the bill. I bet that the atmosphere should be electric and heated discussions.

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