[P2P-F] Fwd: [opennetcoalition] Victory for the Exegetes Amateurs! French Surveillance Censored by Constitutional Council

[Michel Bauwens]

---------- Forwarded message ----------
From: La Quadrature du Net <contact at laquadrature.net>
Date: Fri, Oct 21, 2016 at 7:15 PM
Subject: [opennetcoalition] Victory for the Exegetes Amateurs! French
Surveillance Censored by Constitutional Council
To: opennetcoalition at laquadrature.net



Press Release

*Tags :* SURVEILLANCE, FRANCE, RADIO WAVE SURVEILLANCE, BERNARD CAZENEUVE,
MANUEL VALLS, FRANÇOIS HOLLANDE

La Quadrature du Net — For immediate release

Permanent link: https://www.laquadrature.net/en/victory-for-the-exegetes-
amateurs-french-surveillance-censored-constitutional-council
Victory for the Exegetes Amateurs! French Surveillance Censored by
Constitutional Council

Paris, 21 October 2016 — *The French Constitutional Council has censored
this morning the article of the 2015 French Surveillance Law on radio wave
surveillance. Following a Priority Preliminary ruling on the issue of
constitutionality (QPC)1
<https://www.laquadrature.net/en/victory-for-the-exegetes-amateurs-french-surveillance-censored-constitutional-council#footnote1_72pbuil>
tabled by the Exegetes Amateurs <https://exegetes.eu.org/en/> (FDN
Federation, FDN and La Quadrature du Net and the Igwan.net NGO), this is a
clear victory for advocates of privacy against disproportionate
surveillance promoted by Manuel Valls' government. La Quadrature du Net is
glad with this decision which effects are to be applied immediately
(although regretting the extended time given to the legislator to conform
to this decision in the long term) and calls on all citizens concerned with
civil rights to support the tireless judicial and technical work
accomplished with our friends of FDN and the FDN Federation.*
Press release published on the website of the *Exegetes Amateurs*
<https://exegetes.eu.org/censure-surveillance-hertzienne-incontrolee/>

The French Constitutional Council has just released its decision and
answered the QPC raised by the *Exegetes Amateurs* on radio wave
surveillance. The Constitutional Council takes up our arguments and admits
the unconstitutionality of article L. 811-5 of the Internal Security Code.
This article enabled surveillance of radio wave communication, not subject
to "any substantive or procedural conditions" and its application not
subject to "any guarantee".

Even if the Constitutional Council has decided to formally delay all the
effects of the censorship of article L. 811-5 by fourteen months (until the
31 December 2017), it has however nullified it as of today. Indeed, the
provisions censored cannot currently be "used as basis for measures of
interception of communications, collection of traffic data or capture of
electronic data" in France and at the international level. The only
measures that may still be applied on the basis of this article seem to
exclude any kind of privacy infringement.

Furthermore, the Council has ordered that all measures taken on the basis
of this article must be communicated to the CNCTR2
<https://www.laquadrature.net/en/victory-for-the-exegetes-amateurs-french-surveillance-censored-constitutional-council#footnote2_m4jaqn1>
so the committee can check those new limits are not exceeded (although we
can regret that control has not been given to an authority offering better
structural guarantees and having enough resources to ensure its
efficiency). Plus, as the Constitutional Council does not give more
precisions on the measures of article L. 811-5 that could survive those
limits, we hope that the CNCTR will, for instance in its annual report to
be published soon, give more practical explanations on this issue.


*Today's decision is an undeniable success because it ends unconstitutional
and disproportionate measures that infringe on privacy and liberties. By
depriving intelligence services of a legal cover unleashing all kinds of
illegal surveillance measures, this decision is a first victory in the
procedure instituted by the Exegetes Amateurs against the Surveillance Law
and its implementation decrees. It shows how a precise and persistent work
can still change the law even after an unfortunate vote. This is an
encouragement to keep fighting for the protection of freedoms and the rule
of law.*

   - 1.
   <https://www.laquadrature.net/en/victory-for-the-exegetes-amateurs-french-surveillance-censored-constitutional-council#footnoteref1_72pbuil>
   This action is a French Constitutional Law procedure allowing parties
   involved in a pending case to ask the Constitutional Council to control the
   constitutionality of laws related to the case at hand.
   - 2.
   <https://www.laquadrature.net/en/victory-for-the-exegetes-amateurs-french-surveillance-censored-constitutional-council#footnoteref2_m4jaqn1>
   National Committee of Control of Intelligence Measures, oversight committee
   created by the 2015 Surveillance Law.

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

contact at laquadrature.net – +33 (0)972 294 426

https://www.laquadrature.net/en/press-room
*To unsubscribe, click here
<http://www.laquadrature.net/civicrm/mailing/optout?reset=1&jid=295&qid=139427&h=4678007268f651e6>*



*La Quadrature du Net60, rue des OrteauxParis, 75020*

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