Wireless communications survelliance now unconstitutional in France!

["Dave Farber" <farber () gmail com>]

Begin forwarded message:

> From: Kimi Wei <kimi () thewei com>
> Date: November 2, 2016 at 12:13:13 AM EDT
> To: David Farber <dave () farber net>
> Subject: Wireless communications survelliance now unconstitutional in France!
>
> https://www.accessnow.org/privacy-victory-surveillance-wireless-communications-declared-unconstitutional-france/
>
>
> 27 OCTOBER 2016 | 12:22 PM
>
> Last week, the French Constitutional Council declared unconstitutional a section of the French Intelligence Law 
> adopted last year that authorised, without meaningful privacy safeguards or oversight, authorities to monitor and 
> control wireless communications. Responsible for this victory for our right to privacy is the Exégètes amateurs, the 
> legal team for La Quadrature du Net, the French Data Network, and FFDN, the Federation of Non-Profit Internet Service 
> Providers.
>
> Ending a surveillance practice in place for 25 years
>
> Surveillance of wireless communications has been happening in France for 25 years, beginning when wireless 
> communications were not routine. Last year, the French Intelligence Law reaffirmed and extended this practice, in 
> addition to authorising other types of far-reaching surveillance. The Exégètes amateurs initiated this case after the 
> Intelligence Law was adopted, questioning whether surveillance of our wireless communications is valid.
>
> For those who don’t know, surveillance of wireless communications covers a wide range of exchanges, which includes 
> communications:
>
>    • between two bluetooth devices (phones, TV, printers, and more);
>    • over a device connected by wifi, 3G or 4G;
>    • between a mobile phone and its relay antenna;
>    • between a wireless payment card and its station;
>    • between a card reader and their chip  (credit card , social security card, driver’s licence card chip, and more).
> In its decision, the council found that due to their disproportionate scope, unlimited purpose and a lack of 
> safeguards and oversight mechanism, the measures allowing surveillance of wireless communications violate “the right 
> to privacy and the confidentiality of communications” and are therefore unconstitutional. However, the council did 
> not entirely strike down the practice, and set out a December 2017 deadline for the government to adopt a new law 
> that includes the necessary robust safeguards for human rights. Until then, the council has issued a set of 
> requirements to limit abuse:
>
>    • the measures allowing surveillance of wireless communications declared unconstitutional can no longer be used 
> for data collection or the interception of communications and,
>    • every request for surveillance of wireless communications must be overseen by an official body.
> The council decision is an opportunity for the French government to bring the law in line with human rights 
> obligations. We encourage lawmakers to apply the International Principles on the Application of Human Rights to 
> Communications Surveillance to the review of measures on the surveillance of wireless communications, and indeed, to 
> every form of communications surveillance in France. Authorities should not be able to bypass human rights 
> protections for communications because of how they take place, and there is no reason to implement a lower standard 
> for mobile communications than for those that take place using a fixed line. To assist in that process, Access Now 
> has developed an implementation guide for putting the principles into practice.
>
> More legal challenges to come
>
> Last week’s decision is an important victory, and it might just be the first, as there are now several challenges to 
> the Intelligence Law that have been filed in French and European courts. For example, a group of more than a hundred 
> journalists are challenging mass surveillance measures established in the law before the European Court of Human 
> Rights in Strasbourg, challenging its interference with the fundamental rights to freedom of expression and access to 
> information. The Exégètes amateurs are also working on pending cases fighting surveillance measures in France, 
> actively working to help the people of France take back their right to privacy, one court case at a time.
>
>
> Kimi Wei
> kimi () thewei com  @kimiwei
> facebook.com/thekimiwei
> 862-203-8814



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