Nizkor Int. Human Rights Team Derechos Human Rights Serpaj Europe Information [Part I: ii) messages] 16ct01 i) THE AMENDMENTS INCLUDED IN THE DRAFT LAW ON "DAILY SAFETY" (FRANCE) RATIFY THE FEARS EXPRESSED BY CIVIL LIBERTIES AND HUMAN RIGHTS DEFENDERS. 1. On October 3rd, Prime minister Lionel Jospin told the National Assembly that the government will set up measures "to fight terrorism". The announced measures are : - More security control in publicly accessible places, specially ports and airports - Easier perquisitions and body searches, including during preliminary investigation (before any infraction has been commited, and without control by a judge) - More control of electronic communications 2. On October 9th, the government has translated this annoucement into 13 amendments to a law being currently examined (the process being nearly completed). Among them, 3 are concerning the Internet. They are extracted in extenso from the draft law on Information society (PLSI). Amendment #9 is the collection of articles 14, 15 et 16 of the PLSI. it is related to technical data retention (up to one year, type of data and actual retention time being defined by an administrative body, the Conseil d'Etat, Council to the government). Contents of emails and contents of consulted web sites are explicitely excluded, but this measure is enough to control who writes to whom and who accesses which web site, not to mention log data. Amendment #10 is article 47 of the PLSI. It is related to encrypted data. Encrypted data could be decrypted upon request from the judicial authority, including during a preliminary investigation (see supra). In some cases (infractions involving more than two years of prison), national security means could be used to decrypt these data. In such cases, there is no information, and no possibility of appeal. Amendment #11 is article 42 of the PLSI. It is also related to encrypted data. Providers of cryptography services would be compelled to provide the authorities the conventions to decrypt the data or even decrypt the data by themselves, except if they can prove they are unable to do that. 3. On October 10th, these amendments have been adopted, as submitted, by the Commission of law of the Senate. NB. no mention of backdoor or whatever. 4. From October 10th till now, many important French organizations promoting Human Rights and Liberties, as well as some trade-unions (including alawyers trade-union and a judge trade-unions, both left-wing oriented) have reacted : press releases, articles published in most important newspapers, press conference, etc. IRIS has published a press release specifically on Internet issues (http://www.iris.sgdg.org/info-debat/comm-surenchere1201.html). 5. On October 12th, IRIS has launched a statement to be signed by individuals and organizations. This text is quite general, not only speaking against the measures related to the Internet. It opposes the measures presented by the government on the basis that they involve or they will result in: - discriminatory controls according to the real or supposed origin or religion (racial discrimination) - intrusions in private life by more surveillance of Internet usage in general and electronic communciations specially - less control by the judge, strengthening of police prerogatives, and breach to innocence presumption - these measures will last, and be applied not only to organized crime, but also to minor infractions. As a matter of fact, these amendments are included in the draft law on "daily safety". The statement calls the French members of Parliament not to adopt these measures, and in any case to have the adopted measures been examined by the Constitutional Council (NB. Some of them actually unconstitutional, and to have the CC examine an adopted law, there must be a request made by 60 members of Parliament, right after the final adoption. This will be difficult, since the majority and the opposition already said that they will not ask the CC to examine the text, since the "context is special") [This statement is available at: http://www.iris.sgdg.org/actions/loi-sec/texte-petition.html ] 6. On October 16th and 17th, the amendments will be examined by the Senate. They will certainly be adopted. They will have to be adopted again, in the same words by the National Assembly after that. (...) Actions are starting at the EU level too. There are related to the "european warrant for arrest", which involves the suppression of double incrimination between EU countries. These actions are very, very repressive. And, last but not least, this will make easier and quicker the ratification of the CoE Convention on cybercrime. [Source: Meryem Marzouki - IRIS Imaginons un réseau Internet solidaire - 15oct01. http://www.iris.sgdg.org . By way of GILC Global Internet Liberty Campaign] ----------------------------------------------------------------- ii) LATCHING ON TO ANY EXCUSE TO RESTRICT RIGHTS AND FREEDOMS ON THE INTERNET. Using as an excuse the fact that terrorist networks could use, among other techniques, encryption to communicate with one another over the Internet, the United States is adopting exceptional measures. Almost immediately after the attacks, the US Senate granted the FBI full powers to carry out mass intercepts of private communications passing through servers run by Internet service providers, without the slightest need for a court order. The free use of encryption techniques is also being challenged, and strong pressure is being exerted to ensure that the private keys to messages be made available to investigators. Under these circumstances, IRIS expresses its support for its US partners in the international Global Internet Liberty Campaign (GILC), who are obliged to confront these threats in particularly difficult circumstances. These problems are also being felt in other countries around the world. They also involve issues related to the protection of personal data, which are already under serious threat from commercial interests. The practice of creating files on people whose only crime is that they don't have the right skin colour or ethnic characteristics, or have the wrong type of name, can only get worse with the increasing use of video surveillance and facial recognition techniques. Last but not least, we are seeing in certain circles, including in France and Europe as a whole, an alarming upsurge in a culture of private militias, leading to an incriminatory atmosphere. This brings reminders of a particularly sinister period in world history. It is blindingly obvious that the billions of items of information that are being collected, completely illegally and with no legitimacy whatsoever, by networks such as ECHELON, among others, are completely useless. Despite that fact, the United States is in the process of making extremely serious violations of democratic rights and basic freedoms - rights which are supposed to be enshrined in its own constitution - into a durable fait accompli. Beyond the United States, the Council of Europe's draft cybercrime convention has just been approved by delegations from member states, and is due to be adopted officially in November 2001. Despite a number of slight changes, the planned convention still poses serious problems that have been raised by IRIS and its international partners in the Global Internet Liberty Campaign (GILC). As the 23rd international conference of data protection and privacy commissioners is being held, and, only a few months away from the start of the ratification process for the Council of Europe Cybercrime Convention, IRIS calls on citizens, their elected representatives and all government bodies to mobilize against any and all measures that infringe on the exercise of democratic rights and basic freedoms on the Internet. In particular, IRIS calls on: - Data protection and privacy commissioners, who will have the crucial issues on their conference agenda, to adopt a resolution that firmly recalls basic principles regarding the legitimate finality and the requisite proportionality that should govern the collection and storage of personal information, and to denounce any infringements of the corresponding principles; - The European Parliament to reaffirm unreservedly both the spirit and the letter of the amendments to the draft directive on privacy protection in electronic communication that it adopted in July 2001. In particular, IRIS wishes to stress the importance of amendment #50 to Article 15 of the proposed Directive. This states that "Member states may adopt legislative measures to restrict the scope of the rights and obligations [...] when such restriction constitutes a necessary, APPROPRIATE, PROPORTIONATE AND LIMITED IN TIME measure WITHIN A DEMOCRATIC SOCIETY to safeguard national security, defence, public security, the prevention, investigation, detection and prosecution of criminal offences or of unauthorised use of electronic communication system. [...] THESE MEASURES MUST BE ENTIRELY EXCEPTIONAL, BASED ON A SPECIFIC LAW WHICH IS COMPREHENSIBLE TO THE GENERAL PUBLIC AND BE AUTHORIZED BY THE JUDICIAL OR COMPETENT AUTHORITIES FOR INDIVIDUAL CASES. UNDER THE EUROPEAN CONVENTION ON HUMAN RIGHTS AND PURSUANT TO RULINGS ISSUED BY THE COURT OF HUMAN RIGHTS, ALL FORM OF WIDE-SCALE GENERAL OR EXPLORATORY ELECTRONIC SURVEILLANCE IS PROHIBITED" (The capitalized passages are those that have been added by the parliament); - Governments of Council of Europe member states, and in particular European Union governments, to refrain from ratifying the planned Cybercrime Convention as it currently stands; - The president of the French Republic and the French government and parliament to refuse to ratify the planned Convention as long as the changes required to ensure respect for fundamental rights have not been made to it. IRIS calls on the French parliament to undertake the widest possible consultations to that end, so that a political viewpoint can be brought to bear on an issue that has to date been handled purely as an administrative one; - The French government and parliament to commit themselves to ensuring, before any decision, the widest possible public debate on the information society draft law, for the time it takes to consult and study the various analyses being put forward, notably by non-profit groups. [Source: Analysis from IRIS (France) dated September 23, 2001] -------------------------------------------------------- FOR FURTHER INFORMATION: IRIS contact address: Email: email@example.com - Web: http://www.iris.sgdg.org. Phone/Fax : (33) 144749239 --------------------------------------------------------- --------------------------------------------------------- RELATED LINKS: - Draft Council conclusions on the importance of considering the needs of law enforcement authorities when working out Community legislation, dated 30 March 2001: ENFOPOL 7277/01 http://www.statewatch.org/news/2001/may/enfo7277.htm - The Electronic Privacy Information Centre (EPIC) in the US has produced a detailed analysis of the proposed Anti-Terrorism Act 2001. The text of their analysis is below or: Analysis ("pdf" format) http://www.statewatch.org/news/2001/sep/21epic.pdf - EP Temporary Committee on the ECHELON interception system: Documents available (Draft Convention on Cyber Crime included). http://www.europarl.eu.int/meetdocs/committees/temp/default_en.htm - Official homepage of the UK Criminal Justice and Police bill http://www.homeoffice.gov.uk/cjp/cjpmain.htm - Global Internet Liberty Campaign - GILC http://www.gilc.org/ - "An Appraisal of Technologies of Political Control". Scientific and Technological Options Assessment - STOA. 06jan98. http://cryptome.org/stoa-atpc.htm - For full background on this issue see: S.O.S.Europe (Statewatch Observatory on surveillance in Europe) http://www.statewatch.org/soseurope.htm -- FIN DEL MENSAJE END OF MESAGGE EINDE BERICHT FIM DA MENSAGEM FINE DEL MESSAGGIO ENDE NACHRICHT FIN DEL MENSAJE END OF MESAGGE EINDE BERICHT FIM DA MENSAGEM FINE DEL MESSAGGIO ENDE NACHRICHT ************************************************************************ This Information is edited and disseminated by Nizkor International Human Rights Team. Nizkor is a member of the Peace and Justice Service-Europe (Serpaj), Derechos Human Rights (USA) and GILC (Global Internet Liberty Campaign). PO Box 156037 - 28080 - Madrid - Spain. Telephone: +34.91.526.7502 Fax: +34.91.526.7515 Mailto: firstname.lastname@example.org http://www.equiponizkor.org If you do not wish to receive Information messages send "unsubscribe" as subject. *********************************************************************** ========== HURIDOCS-Tech listserv ========== Send mail intended for the list to <email@example.com>. Archives of the list can be found at: http://www.hrea.org/lists/huridocs-tech/ To subscribe to the list, send a message to <firstname.lastname@example.org>, with the following text in the message: subscribe huridocs-tech To unsubscribe from the list, send a message to <email@example.com>, with the following text in the message: unsubscribe huridocs-tech If you have problems (un)subscribing, contact <firstname.lastname@example.org>.
[Reply to this message] [Start a new topic] [Date Index] [Thread Index] [Author Index] [Subject Index] [List Home Page] [HREA Home Page]