Le Monde | • Updated | By
The MPs, unsurprisingly, adopted by a large majority (438 against 86 and 42 abstentions) Bill on Intelligence defended by the government during a solemn vote, Tuesday, May 5 It will now be considered by the Senate and the Constitutional Council, soon seized by 75 members. In a gesture of peace, Francois Hollande announced in advance that he would seize the Sages.
Relive the direct voting in the Assembly with any questions.
Voted against: 10 Socialist deputies (out of 288), 35 UMP (of 198), 11 ecologists (of 18), 11 IDUs (30) 12 Left Front MPs (out of 15) and 7 non- Members (9). Details are available on the website of the National Assembly.
Among the deputies voted against including ayan included opponents of the first hour, as the UMP Lavra Raudière or ecologist Sergio Coronado, but also some opposition heavyweights like Patrick Devedjian or Claude Goasguen. At left is among some opponents text Aurélie Filipetti. Christian Paul, who had been very active during other debates on digital freedoms, abstained.
This text strongly criticized by civil society for its lack of power-cons and intrusiveness technical authorized, intends to give a framework for practical intelligence, making certain legal practices which, until now, were not.
Back to the main provisions after passing into law commission and after the debate in public.
Goal services
The bill sets out the areas can avail the services to justify their surveillance. These include, expected manner of “the national independence, territorial integrity and national defense” and “terrorism prevention” but also “major interests in foreign policy,” and the “prevention of violations of the republican form of institutions” and “the crime and organized crime “. Sometimes broad formulations that concern opponents of the text who fear they may allow monitoring activists or demonstrators.
The Control Commission
Control this surveillance will be entrusted to a new independent administrative authority, the National Control Commission technical intelligence (CNCTR), composed of six judges of the State Council and the Court of Cassation, three deputies and three senators of the majority and the opposition, and a technical expert. It will replace the current national security interceptions Control Commission (CNCIS).
It will deliver its opinion, except in emergency cases before any targeted surveillance operation. Two types emergencies are provided by law: on one side a “absolute emergency” , for which an agent can do without the opinion of the CNCTR but not the Prime Minister’s authorization. On the other, an extremely limited operational urgency, particularly in terms of technical, on the initiative of the head of the intelligence service, happens in the opinion of the CNCTR. These emergencies do not justify the intrusion of a home or monitoring a journalist, a parliamentarian or a lawyer. In these cases, the conventional procedure should apply.
The opinion of the CNCTR will not be binding, but the Commission may refer to the Council of State if it considers that the law is not respected and it will have investigative powers. The judicial remedy is a novelty in the world of information.
The “black boxes”
One of the most disputed provisions of the bill provides power compel Internet service providers (ISPs) to “ detect a terrorist threat on the basis of automated processing.” This device – authorized by the Prime Minister for every four months – would detect, in real or near real time, people with a typical online activity of “patterns” used by terrorists to transmit information.
In practice, the intelligence services could live with ISPs a “black box” monitoring traffic. The content of communications – which would remain “anonymous” – would not be monitored, but only the metadata: origin and recipient of a message, IP address of a site visited, duration of the call or connection … This data would be not retained.
The Commission Nationale Informatique and Freedoms (CNIL), which is highly critical of this provision. The CNIL raises particular the anonymity of this data is very relative, since it can be lifted
Read also:. Critics of the CNIL against the bill on intelligence
The device introduces a form of “trawling” – a broad intermingling of French data in search of a few individuals. The government denies any similarity to the arrangements put in place by the US NSA, arguing in particular that the data will not be stored and that this activity will be controlled by a new commission to largely increased resources. However, this is a very broad device, since concern all Internet service providers, and therefore all French Internet users.
The expansion of surveillance electronics to detect “future” terrorist
The monitoring of metadata will also be used to try to detect new potential terrorist profiles, provides the bill. The Government considers that this is an effective way to detect patterns that pass today “between the cracks” , for example people away in Syria or Iraq without that of any suspicious activity has been detected before departure.
To locate these people, the law will extend electronic monitoring to all those in contact with people already suspected. By analyzing their contacts, the frequency of these and modes of communication, intelligence agencies hope to detect these new upstream profiles.
New tools and collection methods
The services will also conduct after notice of the CNCTR, laying microphones in a room or cookies on an object (car), or inside a computer. The use of IMSI-catchers (false antennae that allow to intercept telephone conversations) is also authenticated to the intelligence services, in some cases. The maximum number of these devices will be set by decree of the Prime Minister following the opinion of the CNCTR
Read. What are IMSI-catchers, these suitcases who spy cell phones?
The law also introduces international surveillance measures: specifically, the control procedures will be eased when the “ends” of communication will be located abroad (specifically, a French speaker with an individual located abroad). However, as pointed Arcep (Regulatory Authority for Electronic Communications and Posts), requested for the technical side of this measure, it is sometimes difficult to ensure that communication, even through the abroad, does not concern two French.
A new file
The law creates a national automated criminal file of the perpetrators of terrorist offenses (Fijait), including the data may be retained for twenty years.
This file concerns persons who have been convicted, even if an appeal is pending. Juveniles should also be included in this file and their data stored to ten years. The registration will not be automatic and will be court order. Some indictments will also appear on this file. In case of dismissal, acquittal, acquittal, amnesty or rehabilitation, this information will be erased.
Prison Intelligence
The penitentiary information may, under conditions that be fixed by decree, take advantage of the techniques that legalizes the bill for intelligence services. The Justice Minister, Christiane Taubira, was unfavorable to this provision, supported by the rapporteur of the text, and the right part of the deputies left. For the Minister, this innovation will distort the intelligence prison and turn it into true intelligence.
Data Retention
The CNIL expressed repeatedly its determination to exercise its supervisory role on the files related to intelligence, which will be powered by these collections. These files are now excluded from the scope of action of the CNIL
The shelf life of the collected data. – And adapting this term to the technique employed – has also been included in the law, contrary to the initial draft of the government intended to set these limits by decree. It may be up to five years in the case of connection data.
A device for whistleblowers
The law also provides a form of protection for agents that would illegal surveillance of witnesses. These whistleblowers could seek CNCTR or even the Prime Minister, and provide all the necessary documents. The CNCTR will then notify the prosecutor and solicit the Advisory Commission of the secrecy of national defense so that it “gives the Prime Minister on the possibility to declassify part or all of these elements” . No retaliation will only target the agent who allegedly reported potentially illegal acts.
No comments:
Post a Comment