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SPYING BILL

SPYING

Five dangers of France’s new snooping laws

French MPs are set to overwhelmingly give their backing to a bill that will grant intelligence services sweeping new surveillance powers in the name of fighting terrorism. Here are five reasons why opponents of the bill say we should all be concerned.

Five dangers of France's new snooping laws
Protesters demonstrate in Paris against the government's controversial bill giving spies sweeping new surveillance powers. Photo: AFP

With France still on high terror alert MPs are set to give the green light to a new law that would give spies new powers of surveillance.

Despite accepting the need to battle terrorism, civil liberties groups in France and abroad have raised some major concerns about the details of the new laws, which Amnesty International says will bring the country a "step closer to a surveillance state". 

1. Courts hand over power to the prime minister

The main bone of contention for most opponents is that the new law will allow authorities to spy on the digital and mobile communications of anyone linked to a “terrorist” inquiry without prior authorisation from a judge.

Basically the bill will allow the implementation of intrusive measures such as placing cameras and recording devices in private dwellings and install "keylogger" devices that record every key stroke on a targeted computer in real time. But without any independent checks and due diligence that an independent judge would normally provide.

In the words of the Council of Europe’s Human Rights Commissioner Nils Muiznieks: “The benefits of this right to privacy, that protect individuals from intrusion by the state, should not be limited, unless a judicial authority verifies its legality, the necessity and proportionality of the surveillance measure prior to it being imposed.”

A new "independent" 'national commission for checking intelligence techniques' (CNCTR), made up of magistrates, MPs and experts, will be set up to monitor surveillance. But its only real power will be to advise the prime minister who will decide whether to impose surveillance. But the PM can choose to ignore that advice.

In short, the only person who will provide any kind of checks and balance is the prime minister.

2. Data kept for a lengthy period

Another concern for civil liberties groups surrounds the length of time that intelligence authorities can store the data they have gathered from texts, emails, telephone conversations and hidden microphones and cameras.

The bill lays out the time limits for how long each kind of data can be stored:

Letters – 30 days.

Video images, geo-localised info and sound recordings – 90 days

"Connection data” and metadata surrounding emails – five years.

For any kind of encrypted data then none of these deadlines apply.

3. Avoid contact with terror suspects

If the new surveillance powers were only to be used on terrorist suspects themselves then civil liberties groups would have less reason to oppose the bill.

However one of their major concerns is that the law will allow authorities to snoop on pretty much anyone who comes into contact with the suspects.

They fear that people who are in the wrong place at the wrong time and come into contact with a suspect for whatever reason will then be legally subject to surveillance themselves.

4. The black boxes

Perhaps the most controversial of the bill's proposals are so-called "black boxes" — or complex algorithms — that internet providers will be forced to install to flag up a pattern of suspicious behaviour online such as what keywords someone types, what sites they consult and who they contact and when.

The black boxes can be put in place not only by internet service providers but also by the likes of internet and tech giants Apple, Google, Facebook and Twitter.

The system monitors users and looks for “weak signals”. In the case of anything suspicious then internet providers will be forced to report the suspicious person to authorities.

SEE ALSO: Why the French should be worried about new spying law

5. Not just against terrorists

While the bill is being presented by the government as a necessary measure to tackle the “unprecedented threat from terrorism” that France faces, in reality it is designed to do much more.

The bill foresees boosting the use of surveillance for seven different purposes:

  • Protecting national independence, territorial integrity and national defence.
  • Protecting major interests of foreign policy and prevention of all forms of foreign interference
  • Protecting the major economic, industrial and scientific interests of France
  • Preventing terrorism
  • Preventing attacks on institutions, or violence that could endanger national security or the reconstitution of banned groups
  • Fighting against organised crime
  • Preventing proliferation of weapons of mass destruction

Once MPs have approved the law it will then pass to the senate.

 

 

 

 

 

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RUSSIA

Germany arrests Russian scientist for spying for Moscow

German police arrested a Russian scientist working at an unidentified university, accusing him of spying for Moscow, prosecutors said on Monday, in a case that risks further inflaming bilateral tensions.

Germany arrests Russian scientist for spying for Moscow
Vladimir Putin. Photo: dpa/AP | Patrick Semansky

Federal prosecutors said in a statement that the suspect, identified only as Ilnur N., had been taken into custody on Friday on suspicion of “working for a Russian secret service since early October 2020 at the latest”.

Ilnur N. was employed until the time of his arrest as a research assistant for a natural sciences and technology department at the unnamed German university.

German investigators believe he met at least three times with a member of Russian intelligence between October 2020 and this month. On two occasions he allegedly “passed on information from the university’s domain”.

He is suspected of accepting cash in exchange for his services.

German authorities searched his home and workplace in the course of the arrest.

The suspect appeared before a judge on Saturday who remanded him in custody.

‘Completely unacceptable’

Neither the German nor the Russian government made any immediate comment on the case.

However Moscow is at loggerheads with a number of Western capitals after a Russian troop build-up on Ukraine’s borders and a series of espionage scandals that have resulted in diplomatic expulsions.

Italy this month said it had created a national cybersecurity agency following warnings by Prime Minister Mario Draghi that Europe needed to
protect itself from Russian “interference”. 

The move came after an Italian navy captain was caught red-handed by police while selling confidential military documents leaked from his computer to a Russian embassy official.

READ ALSO:

The leaders of nine eastern European nations last month condemned what they termed Russian “aggressive acts” citing operations in Ukraine and “sabotage” allegedly targeted at the Czech Republic.

Several central and eastern European countries have expelled Russian diplomats in solidarity with Prague but Russia has branded accusations of its involvement as “absurd” and responded with tit-for-tat expulsions.

The latest espionage case also comes at a time of highly strained relations between Russia and Germany on a number of fronts including the ongoing detention of Kremlin critic Alexei Navalny, who received treatment in Berlin after a near-fatal poisoning.

Chancellor Angela Merkel’s government has moreover worked to maintain a sanctions regime over Moscow’s annexation of the Crimean peninsula, the scene of ongoing fighting between pro-Russia separatists and local forces.

And Germany has repeatedly accused Russia of cyberattacks on its soil.

The most high-profile incident blamed on Russian hackers to date was a cyberattack in 2015 that completely paralysed the computer network of the Bundestag lower house of parliament, forcing the entire institution offline for days while it was fixed.

German prosecutors in February filed espionage charges against a German man suspected of having passed the floor plans of parliament to Russian secret services in 2017.

Foreign Minister Heiko Maas last week said Germany was expecting to be the target of Russian disinformation in the run-up to its general election in September, calling it “completely unacceptable”.

Russia denies being behind such activities.

Despite international criticism, Berlin has forged ahead with plans to finish the Nord Stream 2 pipeline, set to double natural gas supplies from Russia to Germany.

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