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France: Unprecedented surveillance powers sought

On one level it is understandable that France is anxious to avoid the appalling attacks it encountered in Paris a few months ago - or those in Toulouse a while back - but like so many countries reacting to so-called terrorist attacks, the French Government intends to bring into force laws giving wide surveillance powers, including in relation to the internet.   Needless to say that has brought forth substantial criticism from a variety of well-regarded organisations (such as Reporters Withour Borders) and human rights organisations.    

"Privacy International, Amnesty International, FIDH, the French League for Human Rights and Reporters Without Borders are alarmed by the expansive surveillance powers to be granted to surveillance agencies contained in a Bill transferred to the French parliament on Friday.

Under the new law, French intelligence agencies would be empowered to hack into computers and devices and spy on the communications of anyone who makes contact with a person under suspicion, even incidentally. The new law will enable them to do this without having to obtain a judicial warrant.

Our organisations express their strong concern at the Bill’s proposal to install surveillance technology at internet service providers and telecommunications companies to analyse all internet activity against specific algorithms set by the government. Such mass surveillance systems will undermine internet users’ privacy, have the potential to chill free expression, and could be subject to serious abuse.

The Bill places unprecedented power in the hands of the Prime Minister’s office, empowering it to authorise all forms of surveillance without having to seek the authorization of a court. While the law provides for the establishment of an expanded National Commission for the Control of Intelligence Techniques, the Commission’s recommendations would not be binding on the Prime Minister and his or her delegates. By removing early judicial control of surveillance, the Bill not only represents a serious incursion into the privacy of ordinary people, but further increases the risk of abuse. It could also exacerbate the risks mass surveillance poses for those who work on sensitive issues and rely on confidential sources, including journalists and human rights organizations.

The foreign surveillance powers granted by the Bill are vast and echo those currently being legally challenged in the UK. They empower the French Prime Minister to order the interception of communications that are emitted or received from outside France. The technical measures that intelligence agencies can implement would be decided by the State Council in an unpublished decree, according to the draft Bill."

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