Franco-British terrorism plan: preserving confidence in the digital economy
The first axis of this Franco-British action planspecified on June 14 by the French Minister of the Interior, is to reinforce the commitments and obligations of online operators, in order to remove content linked to terrorist threats. Syntec Numérique would like to point out that platforms are already mobilized on the subject, but that the limited liability regime for intermediaries stipulates that these hosts are not responsible for published content.
The law (2000 e-commerce directive and 2004 LCEN) already provides for the removal of manifestly illicit content when it is reported to the intermediary. During the mid-term review of the Digital Single Market Strategy, the European Commission indicated that it wished to favor a co-regulatory approach with platforms for the removal of such content, with possible guidelines on the subject.
” It is neither realistic nor desirable to force intermediaries to become guarantors of published content. and detect and remove problematic content immediately after a terrorist attack. Beyond these public declarations, cooperation between these players and the authorities is ongoing and should be given priority. “says Godefroy de Bentzmann, President of Syntec Numérique.
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Secondly, the French President has announced improved means of access to encrypted content, “under conditions that preserve the confidentiality of correspondence.” In line with its previous positions, Syntec Numérique wishes to reiterate the importance of this technology for the security of communications and confidence in the digital economy.
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“We are extremely surprised to see the resurfacing of a debate that had arisen during the presidential campaign, and which had been clarified by the voice of Mounir Mahjoubi who indicated that it was in no way a question of obtaining the encryption keys used. There’s a cacophony on this subject, even a double language, which we need to get out of, when encryption is used by multiple economic – but also political – players,” alarms Godefroy de Bentzmann.
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With regard to the third axis of increasing international cooperation, notably with the United States, to improve access to digital evidence in investigations, Syntec Numérique would like to remind you that the European Commission is working with Member States on cooperation between authorities and electronic communications operators, as well as on the conditions and limitations of access to data for authorities.
Confidence in access to data by police and judicial authorities therefore requires the creation of a harmonized, unified framework for the search for digital evidence at European level, guaranteeing fundamental freedoms and enabling robust cooperation in this field with countries outside the European Union.
” It is essential that France give priority to these European discussions rather than to bilateral initiatives.In this context, it ensures that the balance between judicial cooperation and the protection of individual liberties is respected. Any attempt to give the authorities direct, uncontrolled access to data would threaten confidence in the digital economy and the development of the cloud. warns Godefroy de Bentzmann.
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Syntec Numérique shares the concerns expressed by the French government, but will remain vigilant to further debates on this Franco-British action plan, as well as on the content of the forthcoming anti-terrorism bill, which is likely to contain sensitive measures concerning access to data by administrative authorities.