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FRANCE'S NEW SPYING POWERS

SPYING

‘France is not the US when it comes to spying’

With France set to gain sweeping new spying powers in the wake of the Paris terror attacks, comparisons have been drawn with the US, post 9/11, when the controversial Patriot Act was rushed through. But are the two cases really similar?

'France is not the US when it comes to spying'
Protesters demonstate in Paris against the government's controversial bill giving spies sweeping new surveillance power. Photo: AFP
French MPs voted overwhelmingly in favour of new anti-terror surveillance laws on Tuesday, despite vocal opposition from rights groups who lamented the end of France's sacred liberté.
 
The bill, which was unveiled just weeks after the deadly Paris terror attacks in January, has been fiercely debated in France although polls suggest it is backed by a majority of the public.
 
The new laws mean it will now be legal for intelligence services to place cameras and recording devices in private dwellings and install "keylogger" devices that record every key stroke on a targeted computer in real time.
 
Authorities can also sweep up metadata that would be analysed for suspicious behaviour that can be stored for five years. Suspects could be placed under surveillance without a judge giving prior approval and so can anyone who happens to cross their paths.
 
 
Five dangers of France's new snooping laws
 
While France's Prime Minister Manuel Valls has long stressed that the bill "in no way allows a generalised surveillance of citizens" critics fear something more sinister.
 
Many protested in Paris the day before French MPs from all parties gave the bill the green light, holding signs comparing France to George Orwell's 1984, in which the world lives under an all-seeing surveillance system.
 
While some might compare France to Orwell's fictional state, others say the more appropriate comparison is with the United States, which passed its own contentious surveillance bill, known as the "Patriot Act", after the country experienced its own terror attacks in 2001.
 
"France finds itself in an oddly Bush-esque environment," wrote France's startup blog Rude Baguette.
 
"An unfavorable president, a country with a wounded ego and increasing unemployment – all of which has led many to get behind a law that, in any other environment, would get suppressed by France’s liberté, egalité, fraternité mentality."
 
Even though France's prime minister himself said that it was "a lie" to say the bill was France's own Patriot Act, the head of the Paris bar association said it was the PM who was lying. 
 
"It's a state lie," Pierre-Olivier Sur told the New York Times.
 
"This project was presented to us as a way to protect France against terrorism, and if that were the case, I would back it. But it is being done to put in place a sort of Patriot Act concerning the activities of each and everyone."
 
The Patriot Act has been far from popular in the US ever since it was introduced, with critics saying it was pushed through opportunistically after the September 11 attacks in New York. 
 
The New York Times went as far as to say that France was taking "a long stride in the opposite direction" to the US, considering that American lawmakers are in the process of reconsidering their own surveillance laws.

 
Some in France, meanwhile, fear the new bill will even lead to the type of mass snooping exposed by former US spy turned whistleblower Edward Snowden.
 
 
Jean-Charles Brisard, the chairman at the Paris-based Center for the Analysis of Terrorism, disagrees. 
 
"I think it's incorrect to say France is turning into the US, the Patriot Act contains many measures that didn't require the prior approval from any authorities except the FBI," he told The Local. 
 
Brisard says one of the chief differences is that in France surveillance measures will be monitored by the national commission for checking intelligence techniques' (CNCTR), made up of magistrates, MPs and experts. However critics doubt the power and independence of  this new body.
 
"We should put the bill into perspective," Brisard said. "The Snowden revelations have had a real impact on the public behavior toward the intelligence services, leading to suspicions and concerns over the use of intelligence techniques," he said.
 
"Just because there will be a broad collection of information in France doesn't mean there will be broad civilian surveillance.
 
"The services will collect information anonymously, then they will decide on the basis of this information if there is a specific threat to be addressed. It's not true to call it a global surveillance of citizens." 
 
He added the law changes were good for France because they "legalized the tools we already used" which were "essential" in the fight against terror.
 
"Most of the surveillance methods were already used in France – they were simply illegal," he explained.
 
Brisard concluded that it was high time France updated its wiretapping laws anyway, especially considering the last set of laws were passed in 1991.
 
"We needed new laws to account for both the evolution of technology and the evolution of terror. Terrorists are behaving differently now, and are using technology differently too," he said. 
 
The surveillance bill is set to move to the upper house Senate for further debate before it officially becomes law.
 
 

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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.

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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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