Skip to content
Cybersecurity

Intelligence bill: the French Patriot Act?

8 Feb 2017
0 minutes reading
Chiffrement cybersécurité Numeum

The draft law on intelligence will be presented to the Council of Ministers on Thursday by Bernard Cazeneuve, Minister of the Interior. The main provisions of the text unveiled yesterday1 increase the responsibility of companies by limiting fundamental freedoms.Syntec Numérique and its 1,500 members are today voicing their concern in the face of measures that are increasingly liberticidal for citizens and companies, including:

  • Ending the exceptional nature of security intercepts
  • No safeguards on geolocation
  • Decryption obligation for companies
  • No guarantees for the data used and collected
  • These various operations can be carried out by administrative authorization, without the intervention of a judge.

These provisions place greater responsibility not only on operators, but also on intermediaries, who would be subject to “predictive surveillance” obligations. Operators would also be required to provide assistance in decrypting data.

All digital players present on French soil have at heart to participate in the fight against terrorism and criminality, and in the creation of a cyberspace of confidence for users. On the other hand, Syntec Numérique also wishes to reiterate its attachment to key founding principles, such as the need for filtering to be carried out by a judicial judge, who is the guarantor of individual freedoms and the interests of the nation. This is a key factor in the attractiveness of our country.

What impact will such measures have on citizens and businesses, and why are they liberticidal? Which prerogatives are affected? What are the solutions for striking the right balance between security and fundamental freedoms?

”  While citizen security is essential, it cannot be achieved at the expense of the nation’s fundamental freedoms. A successful approach to cyber-security requires a global and European approach. Striking a balance between protecting citizens, the primary mission of the State, and respecting the fundamental freedoms of democracy is a difficult exercise. This is all the more true in the wake of the terrible attacks that have struck France. Since 1986, every act of terrorism has been followed by a law, and the latest one, passed in November 2014, has not yet come into force and the Government is still calling for new measures. We would point out that existing measures already give extremely broad prerogatives to the services contributing to the nation’s security,” comments  Guy Mamou-Mani, President of Syntec Numérique.

rn