The “loi de programmation militaire (LPM)”, the “military programming law”, was adopted on 10 December 2013 by the French Senate after having been approved in first reading by the Parliament. This law enables the French secret services to intercept any electronic communication, under the direct authorisation of Prime Minister or the President.
All is not yet lost, however. Sixty members of Parliament or sixty senators may appeal to the Constitutional Court to question the legality of the whole text, or parts thereof. This would suspend the adoption of the law. Unfortunately, gathering sufficient support for such an appeal is proving harder than it would appear — the Socialists (who are in power) are being whipped into line, while the right-wing is divided between its normal support for whatever the secret services ask for and the political opportunity to score a “win” against the Socialist administration.
The main debate concerns whether the LPM authorises real-time collection of meta-data only or if this collection also includes content-data. A second debate concerns the adequacy of safeguards. The Senator in charge of the legislation, M. Sueur, argues that the new authorisation procedure actually improves the situation. First, he reinforced the powers of the National Commission for the Supervision of Security Interception, making it easier to have access to the processes that it is supposed to oversee. Second, the Minister of Home Affairs must now refer any interception measure to the Prime Minister for approval. The fact remains, however, that the Commission has no financial means and is composed of three parliamentarians chosen by the executive.
Those loopholes explain why the LPM has been strongly opposed by ICT businesses and human rights organisations alike. French associations of software editors, of advertising firms and big American firms like Google and Facebook all argue that this new law will feed the growing distrust in cloud computing in France and were concerned that “this law will necessitate the implementation of back-doors, access to which will be difficult to control”.
Nonetheless, the main problem for the campaign against the proposals was that mainstream media did not initially understand the problems and therefore misreported it. It is only after some in-depth and alarming articles on specialist websites like PCInpact or Numerama that awareness began to rise and it took a week and a lot of social media activity on the day of the vote before mainstream media began to report more accurately and comprehensively on the draft legislation. Now, finally, politicians started to become more interested in the legislation and it is likely that they will enter into a cross-party alliance to sign for a referral to the Constitutional Court. 50 promises of signatures were gathered on Monday.
Will the deputies send the article 13 to the Constitutional Court? (only
in French, 11.12.2013)
Draft military programming law (only in French)
About the Senate amendment (only in French, 12.12.2013)
Net Surveillance: Flood of protests against the French Patriot Act (only
in French, 9.12.2013)
How it will be organised the Internet surveillance in France (3.12.2013)
12 more deputies needed to send the law to the Constitutional Council
(only in French, 16.12.2013)
EDRi-gram: No Warrant Internet Spying By French Authorities (4.12.2013)