[P2P-F] Fwd: [opennetcoalition] Will Our Parliamentarians Consent to a Democratorship?

Tue Dec 10 18:20:09 CET 2013

---------- Forwarded message ----------
From: La Quadrature du Net <jz at laquadrature.net>
Date: Tue, Dec 10, 2013 at 8:20 AM
Subject: [opennetcoalition] Will Our Parliamentarians Consent to a
Democratorship?
To: opennetcoalition at laquadrature.net

Themes: FRENCH DEFENSE BILL, SURVEILLANCE

La Quadrature du Net – For immediate release

Permanent link:
https://www.laquadrature.net/en/will-our-parliamentarians-consent-to-a-democratorship

Will Our Parliamentarians Consent to a Democratorship?

*** Numerous reactions are now being voiced against the inclusion in the
2014-2019 Defense Bill of article 13 whose provisions enable a pervasive
surveillance of online data and communications. Gilles Babinet, appointed
in 2012 as French Digital Champion to Nellie Kroes, Vice-President of the
European Commission responsible for the Digital Agenda for Europe, was
quoted [1][fr] in the French newspaper Les Echos, “This law is the most
serious attack on democracy since the special tribunals during the Algerian
War” (our translation). ***

This statement comes after the public declaration [2][fr] by the
Association of Community-based Internet Services (ASIC), the press release
[3] by La Quadrature du Net and the opinion of the Conseil National du
Numérique [4][fr] (The French Digital Council) which calls on the
suppression of article 13.

News articles in the press refer to the extensive attack on freedom and
fundamental rights that the adoption of this article would represent. Such
criticism is still building up. But time is running out because the
government is using cynically the urgency of adopting the Defense Bill in
order to push the article 13 through Parliament. If, on this Tuesday, 10
December, the French Senate adopts the text unchanged compared to the one
adopted on first reading on 4 December by the National Assembly, then only
the government would be allowed to present an amendment to withdraw article
13 in the National Assembly. If government does not backtrack, then to
rescue our fundamental rights, the National Assembly would be left with the
only option to reject the bill in its entirety and face the consequences
that such a full rejection would entail.

It is evident that faced with a bill that threatens our fundamental rights,
every parliamentarian must take their decision on the basis of their own
personal choice and ethics. There is no hiding behind party affiliation
that could limit their ability to vote according to their personal
conscience on this matter.

** Summary of the measures included in article 13 **

    - Article 13 renders permanent a provisional measure introduced in the
anti-terrorism legislation of 2006, extended in 2008 and 2012, and valid
until 31 December 2015 (there was no urgent security need to legislate it).
Not only will it be made permanent, its nature and scope are also
significantly extended.
    - Before, the authorities were allowed to collect connection data. Now
authorities may request the live capturing of data and digital documents
from both Internet Service Providers and hosting services.
    - The type of information that may be captured and requested would
include all data and documents treated or saved by these entities' networks
or services.
    - The agencies that are allowed to request this type of information
would be extended beyond those directly concerned with National Defense and
Security to include, for instance, the Department of Economy and Finance.
    - The goals of the surveillance will be extended to include any
information related to scientific and economic potential of France, or the
fight against criminality.
    - Finally, not only will the judiciary be simply bypassed, but the only
measure of control, let to the National Commission of Control of Electronic
Surveillance, will only be to emit a (secret) "recommendation" to the Prime
Minister, a process that carries with it no weight whatsoever.

This piece was initially published [5][fr] on the blog of Philippe Aigrain,
founding member of La Quadrature du Net.

* References *

1.
http://www.lesechos.fr/entreprises-secteurs/tech-medias/interview/0203176354634-gilles-babinet-nous-sommes-a-deux-doigts-de-la-dictature-numerique-635485.php

2. http://www.lasic.fr/?p=598

3.
https://www.laquadrature.net/en/a-move-towards-generalised-internet-surveillance-in-france

4. http://www.cnnumerique.fr/libertes-numeriques/

5. http://paigrain.debatpublic.net/?p=8446

** About La Quadrature du Net **

La Quadrature du Net is an advocacy group that defends the rights and
freedoms of citizens on the Internet. More specifically, it advocates for
the adaptation of French and European legislations to respect the founding
principles of the Internet, most notably the free circulation of knowledge.

In addition to its advocacy work, the group also aims to foster a better
understanding of legislative processes among citizens. Through specific and
pertinent information and tools, La Quadrature du Net hopes to encourage
citizens' participation in the public debate on rights and freedoms in the
digital age.

La Quadrature du Net is supported by French, European and international
NGOs including the Electronic Frontier Foundation, the Open Society
Institute and Privacy International.

List of supporting organisations:
https://www.laquadrature.net/en/they-support-la-quadrature-du-net

** Press contact and press room **

Jérémie Zimmermann, jz at laquadrature.net, +33 (0)615 940 675

http://www.laquadrature.net/en/press-room

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