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INTELLIGENCE

French spy bill cleared despite UN criticism

Controversial laws that give France wide-ranging powers of surveillance have been cleared by the country's top court despite criticism from the UN and internet freedom groups.

French spy bill cleared despite UN criticism
The UN's Committee for Human Right's warned against the “excessively broad surveillance powers” that have been granted to French intelligence services.
 
The 18-strong committee is responsible for reviewing compliance with the obligations imposed by the International Covenant on civil and political rights
 
“The committee is concerned by the powers granted to the intelligence services on digital monitoring inside and outside France,” said the committee.
 
The statement continued: “The committee is particularly concerned that the law on military planning and the law on intelligence, grant overly broad powers for very intrusive surveillance on the basis of hardly defined broad objectives, without prior authorisation of a judge and without adequate and independent oversight mechanism.”
 
The law has been touted by the government as a vital update to ageing regulations dating back to pre-Internet days, and was overwhelmingly passed by lawmakers from both left and right, though  with dissident voices among almost every political group.
 
Although it had been in the pipeline for some time, the proposed law gained added support in the wake of the jihadist attacks in Paris in January that left 17 people dead.
 
The new French law allows authorities to spy on the digital and mobile communications of anyone linked to a “terrorist” inquiry without prior authorisation from a judge, and forces Internet service providers and phone companies to give up data upon request.
 
Intelligence services will have the right 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.
 
The authorities will be able to keep recordings for a month, and metadata for five years.
 
The experts on the UN committee called on France to take measures “to guarantee that any interference in private life must conform to principles of legality, proportionality and necessity” and that any data gathering is done for specific purposes laid out beforehand.
 
Despite the criticism France's top court ratified pretty much all of the new powers laid out in the bill.
 
That has led to criticism from internet civil liberties groups with in France.
 
In a statement titled “Shame on France” the group La Quadrature du Net said: “By validating almost all surveillance measures provided in the Surveillance Law adopted on 25 June, the French Constitutional Council legalises mass surveillance and endorses a historical decline in fundamental rights.”

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INTELLIGENCE

Danish PM sees ‘no need to restore relations’ with France and Germany over spying

Denmark has "good dialogue" with its European allies and "no need to repair ties" with France and Germany, its prime minister said Wednesday following revelations that the US used Danish cables to spy on European leaders.

Danish PM sees 'no need to restore relations' with France and Germany over spying
Prime Minister Mette Frederiksen made her comments at the closing debate of parliament. Photo: Emil Helms/Ritzau Scanpix

In her first remarks on the subject since the revelations emerged on Sunday, Mette Frederiksen refused to address the claims directly.

But as a general rule, “there should not be any systematic surveillance of allies”, she told reporters.

In an investigative report on Sunday, Danish public broadcaster Danmarks Radio (DR) and other European media outlets said the US National Security Agency (NSA) had eavesdropped on Danish underwater internet cables from 2012 to 2014.

They spied on top politicians in France, Germany, Norway and Sweden, including German Chancellor Angela Merkel.

Reports of allies spying on each other have surfaced ever since the Snowden affair in 2013, and after these latest revelations Paris, Berlin and other European capitals on Monday demanded answers from Denmark.

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Frederiksen played down the damage done to Denmark’s relations with its allies.

“We have a good dialogue,” she said. “I don’t think it’s correct to say that there’s a need to repair relations with France or Germany. We have an ongoing dialogue, which includes the field of intelligence,” she said.

According to DR, the NSA got access to text messages, telephone calls and internet traffic including searches, chats and messaging services — including those of Germany’s Merkel, then-foreign minister Frank-Walter Steinmeier and then-opposition leader Peer Steinbruck.

It remains unclear whether Denmark knew at the time that the US was using the cables to spy on Denmark’s neighbours. Washington has yet to comment publicly on the matter.

DR’s revelations are based on a classified, internal report written by a working group at Denmark’s military intelligence unit FE.

The report, submitted to FE management in May 2015, was commissioned by FE after the Snowden affair came to light — which suggests Denmark may not have been aware the US was using its cables to spy on its neighbours.

Five years later, in August 2020, several top FE directors were removed from their posts, a move DR said was linked to the US spying.

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