MONITORING The Constitutional Council has validated the bulk of the bill on intelligence …
“black boxes” and algorithms for real-time detection of suspicious behavior on the Internet and expanding the grounds for monitoring … All these measures of intelligence highly contested bill were validated by the Constitutional Council (CC) in a published decision Thursday night. The sages determined that the text, particularly criticized by the UN Human Rights Committee Thursday was consistent with the Constitution, almost. Only three provisions were retoquées.
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Minor alterations
“The Board did not reconsider into question the principle of supervision, he became the judge of proportionality and made a few touch-ups relatively Accessories “observes Nicolas Arpagian, director at the National Institute of Advanced Studies security and justice *.
It’s not quite the opinion of the Quadrature du Net, an association that has yet actively campaigned against the bill. Certainly, censorship CC is “minor” and “disappointing ” , but for Adrienne Charmet, coordinator of campaigns, censorship measures are not trivial.
First, retoquant in Article L. 832-4 on the budget of the National Commission for Monitoring of Intelligence techniques (CNCTR), the CC has not allowed that the accounts of the commission “remain in the black state coffers “said Adrienne Charmet. “This will allow greater transparency regarding the funding of CNTCR,” she said.
International monitoring declared non-constitutional
The CC has also censored the provisions of the Article L. 821-6 that allow eavesdropping and geolocation of an individual without prior authorization from the Prime Minister in case of an “operational emergency”. The sages felt that these provisions “clearly carry a disproportionate interference with the right to respect for privacy and the secrecy of correspondence.” “This remains a very specific case with regard to the extent of mass surveillance legalized by the text,” says Adrienne Charmet. In short, it is a “small consolation”.
Finally, the sages also invalidated article L. 854-1 concerning the “international supervision”, for which “the conditions of exploitation, conservation and destruction of information collected “and the conditions for supervision by the CNCTR were not clearly defined. Insufficient in terms of “fundamental guarantees granted to citizens for the exercise of civil liberties.” Collecting data abroad remains in a “gray area,” notes Nicolas Arpagian.
Using a VPN and host its data out of France will he escape the famous “black boxes “? If this is the case, it is “bad news for the French Tech and employment in France,” wrote Tristan Nitot, member of the National Digital Council. But “we must not delude ourselves,” insists Adrienne Charmet because “these practices already exist.” “The question is: is that the state will knowingly perpetuate practices that were deemed unconstitutional? “If she asks
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Now
The European Court of Human Rights (ECHR) may rule on the law, but must still be seized and exhausted all domestic legal remedies. He will have to wait an individual challenging the legality of his placement on listening, speaking to the CNCTR then to the State Council, before the European Court examines the legislation. But the ECHR makes its decisions on average after four years, says Libération .
When the rapporteur Jean Jacques Urvoas (PS) emphasized “the creation for the first time a democratic legal framework of the activities of the intelligence services’ ” all technical questions of its implementation remain to be resolved ” said Nicolas Arpagian. “Who will design the algorithms? Where the collected data be stored? “If he asks.
* Author What do I know? on cybersecurity (reissued August 28, 2015 by PUF editions).
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