What the draft intelligence law? – BBC

VIDEOS – This bill, which is the subject of the vote of Deputies on Tuesday at the National Assembly, wants to modernize the means of intelligence services face to digital. Le Figaro makes the point.

A text “necessary” and “balanced” for some and “dangerous” and “draconian” for others. Since its presentation to the Cabinet there are more than two months, the draft intelligence law was the subject of much debate between supporters and detractors.

• What the draft Law information?

The draft law on intelligence was officially published on 19 March. It must modernize the means of intelligence services, including face to digital. For the government, this is a further step in strengthening the legal arsenal after the attacks of Charlie Hebdo . Nevertheless, the project is not limited to the fight against terrorism: it also touches on the prevention of organized crime, “essential interests of foreign policy” or “essential scientific or economic interests” of France.

His goal, assumed, is to legalize illegal practices hitherto intelligence agents to better protect them. “Our country is the last Western democracy to not be provided with a legal framework governing practices of the intelligence services,” stated Jean Jacques Urvoas, PS deputy and chairman of the Law Committee to the Assembly, which drafted the text, in an interview with Télérama . “This bill fills a detrimental deficiency.” The text was presented to the Assembly by accelerated procedure, and is the subject of the vote of Deputies on Tuesday.

• What does it contain?

The text proposes the establishment of several tools to beef up the monitoring devices. To spy a suspected terrorist, intelligence services may directly access the “network operators” to recover the data on this person that includes telecommunications companies, as well as online services (like Facebook) or web hosts. The agents can also install “black boxes” in the digital players designed to automatically identify risk behaviors even if they have no specific person to monitor. They contain algorithms loaded to root out the “suspicious behavior” in the mass of data that pass every day on the Internet.

The bill also authorizes the setting up of other tools, they will not limited to the fight against terrorism: this is notably the case of “IMSI Catcher,” a false antenna to intercept telephone calls from a phone that is close. The use of these monitoring devices is controlled by the National Control Commission (CNCTR), except in cases of urgent procedure. In this context, it may simply issue a recommendation to the Prime Minister on the legality or not of the surveillance. This independent authority will consist of two deputies, two senators, two members of the State Council, two judges and a “qualified person for his knowledge of electronic communications”. May be referred by any citizen suspected of being monitored by the intelligence services.

• Why is he criticized?

of liberties associations were the first to be indignant at the Intelligence law, such as Quadrature du Net, the League of Human Men, Amnesty International and Reporters Without Borders. All freedom-denounced a project that opens the way for a “mass surveillance” of French. “There is spillover risks towards forms of political police who take in social and political movements that would not sit well,” warned Laurence Blisson, General Secretary of the Union of Magistrates, during a press conference in early April.

Faced with such risks, the powers of the CNCTR are deemed insufficient to effectively protect citizens. Other organizations have criticized it with the government, including the CNIL, or the National Digital Council. The latter is concerned about an “extension of the monitoring field” permitted by the text. The associations representing the digital players like AFDEL, ARCEP or digital Rennaissance, also denounced the project and the uncertainty surrounding the implementation of some tools, including the famous “black boxes”.

Last month, a group of French hosts (including OVH Online and leaders) have threatened to leave France if the text were adopted. “Our customers will change providers if our country is not better than the American NSA,” then explained Stéphane Ramoin, CEO of Gandi host. A petition to Web players opposed the text, entitled “Ni Ni Spy Pigeons”, has already collected more than 860 signatures, some big names in the sector such as Criteo company. In addition to the threats to the freedoms, it is also the cost of the project concerned and its impact on the French digital economy. Another petition, this one written by citizens, was sent to Matignon after by more than 119,000 users.

At least two actions are already provided in case of adoption of the text by the Assembly and the Senate. François Hollande promised on April 19, he would grab himself the Constitutional Council to examine the text. This is a first in the Fifth Republic. This initiative should be accompanied by another referral, this one led by the members of The Raudière Laure and Pierre Lellouche (UMP).