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Civil rights groups condemn draft mass surveillance bill to be adopted in France

September 2015 by La Quadrature du Net

Open letter signed by civil rights groups worldwide against the Surveillance
Bill to be adopted in France.

Dear Member of the Assemblée Nationale,

The undersigned civil and human rights organisations call on French parliamentarians to reject
the draft law on surveillance measures for international electronic communications (Proposition
de loi relative aux mesures de surveillance des communications électroniques internationales).
The bill fails to defend and protect the right to privacy of individuals worldwide.

With this new bill, parliament is about to approve new disproportionate surveillance measures to
monitor international communications. Based on the principle of massive collections of data, the
bill seeks to legitimise the civil and human rights abuses revealed by Edward Snowden about the
practice of intelligence agencies such as the ones in the US and the UK. As a crucial part of the
global Internet traffic goes through French submarine cables, this law would put France in the
list of countries with sweeping surveillance capabilities.

This bill follows from the Surveillance Law passed in June, which allows the French government,
among other measures, to monitor people’s phone calls and emails without judicial approval; and
to install black boxes on internet service providers’ infrastructure to collect metadata on
millions of innocent individuals. Earlier this year, the French Constitutional Council struck
down one of the provisions of the Surveillance bill, and the new proposal seeks to re-authorise
the international surveillance programme impacted. The draft law will be voted on 1 October by
the French National Assembly.

In particular, we are deeply concerned that:

* the bill would allow for indiscriminate mass surveillance of millions of people in France and
abroad;

* independent oversight and control mechanisms are completely lacking. The massive data
collection scheme would be conducted under the sole authority of the French Prime Minister, with
only ex post control from the oversight authority. This does not sufficiently guarantee the
protection of privacy and the respect for rights and freedoms;

* clearly excessive and unjustified retention periods for data (content for one year, metadata
for six years, encrypted content for eight years) are foreseen, in contradiction with the
principles laid out by the Court of Justice of the European Union (CJEU) in its ruling on 8 April
2014 invalidating the Data Retention Directive;

* the justification of the measures is so broad as to be meaningless, such as the defence of
"major interests of foreign policy" and "major economic and scientific interests of France";

* the broad language leaves room for the future use of undefined surveillance technologies
which could lead to an extension of the scope of the bill without any involvement of democratic
institutions;

* only lawyers, journalists, representatives and magistrates established in France would
theoretically be granted some form of protection, although, for instance, the private or
professional nature of their communications can only be established during the data processing,
and in any event the law does not protect them against bulk collection and exploitation of their
communications.

We, the undersigned organisations urge the French Parliament to reject this international
surveillance bill and protect the rights of individuals all around the world. The principle of
universality of rights is a fundamental principle, especially the European Union. We call on you
to strengthen civil liberties and human rights safeguards for all and reject this proposal.

Thank you.

Signatories:

[Access][1] [Alternative Informatics Association][2] [Amnesty
International][3] [AKVorrat.at][4] (Working Group on Data Retention Austria)
[Article 19][5] [Association for Progressive Communications][6] [Australian
Privacy Foundation][7] [Bits of Freedom][8] [Code Red][9] [Chaos Computer Club
(CCC)][10] [CPJ][11] (Committee to Protect Journalists) [Digitale Gesellschaft
e. V.][12] [Digital Rights Foundation][13] [EFF][14] [Electronic Frontier
Finland][15] [European Digital Rights (EDRi)][16] [FIDH][17] [FITuG][18]
[Global Voices AdVox][19] [Icelandic Modern Media Initiative IMMI][20] [Initiative
für Netzfreiheit][21] [IT-Political Association][22] [OpenMedia.org][23]
[Panoptykon Foundation][24] [Pen International][25] [Privacy
International][26] [Reporters sans frontières (Reporter Without Borders)][27]
[Vrijschrift][28] [World Wide Web Foundation][29] [Xnet][30]

[1]: https://www.accessnow.org/

[2]: http://www.alternatifbilisim.org/wiki/

[3]: https://www.amnesty.org/en/

[4]: http://akvorrat.at/

[5]: https://www.article19.org/

[6]: https://www.apc.org/

[7]: https://www.privacy.org.au/

[8]: https://www.bof.nl/

[9]: https://codered.is/

[10]: https://www.ccc.de/en/

[11]: https://www.cpj.org/

[12]: https://digitalegesellschaft.de/

[13]: http://digitalrightsfoundation.pk/

[14]: https://www.eff.org

[15]: https://effi.org/

[16]: http://edri.org/

[17]: https://www.fidh.org/

[18]: http://www.fitug.de/

[19]: https://advox.globalvoices.org/

[20]: https://immi.is/

[21]: https://netzfreiheit.org/

[22]: http://www.itpol.dk/

[23]: https://openmedia.org/

[24]: https://panoptykon.org/

[25]: http://www.pen-international.org/

[26]: https://www.privacyinternational.org/

[27]: http://rsf.org/

[28]: https://www.vrijschrift.org/

[29]: http://webfoundation.org/

[30]: https://xnet-x.net/


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