The Bill on Intelligence, which provides the services of considerable means to track terrorists, was adopted by the Cabinet on Thursday, 19 March.
“This law will be protective of citizens because the boundaries of what is possible in a state of law will be set in stone. There will be no gray area, “assured the Prime Minister, Manuel Valls, after the Council has . Adding: “There will be no mass surveillance”
Not sure that this is enough to meet the many concerns raised by this text in terms of violations of individual freedoms.. Journal of the points that continue to alarm
# Many measures Judge zero
Bill “aims primarily to provide services means up to the challenges our country faces,” argued Manuel Valls. The text equips six French intelligence services to investigate additional ways, most of which will no longer need approval from a judge but only by an administrative authority.
information: the expanded arsenal to track terrorists
The National Commission for Information and Liberties (CNIL) estimates that this text legalizes thus “much broader and intrusive surveillance measures,” according to the text of a notice quoted by “The World” and the site INPACT Next.
Even finding for the National Digital Council (CNNum), which “is concerned about a significant extension of the scope of surveillance.” According to the Quadrature du Net, defense organization of Internet users, a critical “disastrous government drift”
The range of measures in the hands of administrative services (police, customs …) without judicial review is of unprecedented proportions. “
# Inaccuracies dangerous
The bill provides many interceptions Remote (emails, phone conversations, SMS …) but also the installation of microphones and cameras in places or vehicles, to monitor a person.
On these points, the CNIL will sees no merit in the “opposition”, but advanced some guarantees in the judicial field have disappeared, such as the protection of certain professional categories (journalists, lawyers …). When asked by the “Obs”, the government says that the final version will continue to protect the professions covered by secrecy.
The intelligence services may use GPS tags to geolocate “real time” as well as a vehicle that object. They can also use their hacking skills to break into the computers of suspects to better spy on them.
The CNIL is concerned that location-based tools are not further framed, and the type of computer data collected is not specified (the installed computer spies are able to copy in real time everything that happens on the target machine as well as Internet browsing typed passwords or stored files).
# Operators transformed into cookies
The bill intends to use Internet operators. ISPs, search engines, social networks … All will have to provide “real-time” techniques of Internet data connection. Specifically, it is to track a connection (expressed by IP address) to know which site they visited at a certain time, if she sent a Facebook message to such person, if such typed keyword on Google .. .
“Obs” The government intends to clarify that it will act as designated persons only in the context of the fight against terrorism. “We will use this data to increase the detection of jihadists,” argued an informed source.
Still, the CNIL would like to be “clarified [the] scope” of the data collected from the operators, especially that they will be recovered directly from the operators. “The safeguards to protect the rights and freedoms are not sufficient to justify such interference,” said the opinion of the Commission.
# All suspects
In addition, the text wants to force Internet operators to “detect, for automatic processing, suspicious succession login data.” The authorities hope to be able to detect a part of this scheme to create an algorithm that automatically detect the individuals involved. This “black box” would be set up among providers, but also Americans Google, Facebook, Apple and Twitter.
The entire system monitors all anonymous users to detect “weak signals”. And in case of suspicion, operators will report the person corresponding to the investigators.
For the CNNum, this new technique is akin “to a mass surveillance form.”
“This approach has demonstrated its extreme inefficiency in the United States despite astronomical investments,” said Nitot Council member, referring to the programs implemented by the US intelligence agency NSA.
It is not enough to repeat that this is not a Patriot Act to the French, “adds Godfrey Beauvallet, vice president of CNNum.” To be sure, it must include binding manner the principle that mass surveillance, widespread and indiscriminate, is foreign to the rule of law. “
The League of Human Rights has also complained to the AFP a “logic of trawling.” The NGO Amnesty International has published a poll in which 56% of the French say they are strongly opposed to mass surveillance, as exercised by the United States concerning the use of the Internet and telephone networks.
A threatening bill for freedoms
# The supervisory committee, too low a guarantee
Finally, most of the measures will not need the downstream of a judge, but not pass a new independent administrative authority, entitled National Control Commission intelligence techniques (CNCTR). This will give notice before implementation of information technology, control technology for their application, and verify a posteriori good practice. It may “recommend the termination of the implementation of a technique that it considers irregular” or enter the State Council to stop monitoring.
If the authority is made particularly four judges (or former judges), the end of validation by a judge cringe. Syntec Numérique, trade union of digital enterprises, “reiterated its commitment to the need for filtering the judicial court, the guarantor of individual freedoms and interests of the nation.” La Quadrature du Net adds:
To guarantee fundamental rights against this arsenal intrusion, surveillance and profiling, the government provides an advisory committee with limited powers does allow for appeal after the event and without real guarantees for citizens. “
By the way, with this commission,” a significant decline is marked to the guarantees provided by the device current as regards the right of access to data, “said the CNIL.
Despite these dangers, the draft intelligence law must be filed Friday in the office of the National Assembly for debate from April 13, as part of an emergency procedure. The government hopes that the text will be adopted before the policy été.Côté, there, for now, a unanimous vote. The President of the UMP, Nicolas Sarkozy, said on TF1 that his party will vote the law if it “is not distorted in the parliamentary debate.”
Boris Manenti
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