Comms Snooping in France

Telegram founder and CEO Pavel Durov has once again spoken out against what he sees as France's unjust and politically motivated prosecution of him and his company. He said in a statement:

Two years ago, I was detained in Paris by police for 3 days -- the longest they can hold someone before charging them.

In an unprecedented move, French authorities accused the head of a major platform of crimes committed by its users.

That investigation is still ongoing, although it makes less sense with each passing year.

Why?

Because we now have extensive evidence that Telegram was neither worse than other popular platforms at moderation, nor the worst at cooperating with authorities.

So why was Telegram singled out?

Over the last two years, we have seen a pattern emerge in multiple countries: Telegram is quietly asked to grant political favors -- such as illegal censorship or surveillance. When we refuse, local media and non-governmental organizations launch orchestrated campaigns portraying Telegram as a cesspool of crime, from child pornography to terrorism.

Our moderation is no worse than that of other major platforms. Yet these campaigns instill the idea that Telegram should be persecuted or restricted.

Suddenly, officials start caring about crime and protecting children -- but only on platforms that reject their secret political demands. Platforms that accept such deals get away with almost anything -- including literally selling ads promoting child pornography.

Is the French investigation against me political? It certainly fits the pattern we see elsewhere, mostly in authoritarian countries. And it definitely raises questions.

In time, this investigation may itself be investigated -- especially now that Macron's war against free speech is facing pushback. This month, France's Constitutional Council struck down his social media ban for children under 15 on freedom-of-expression grounds.

In the end, freedom and truth will prevail

The French government has come up with an innovative way of financing a program of mass social media, surveillance, to use it to detect tax fraud.

The self financing surveillance scheme has now been given the go the constitutional court. Customs and tax officials will be allowed to review users' profiles, posts and pictures for evidence of undisclosed income.

In its ruling, the court acknowledged that users' privacy and freedom of expression could be compromised, but its applied caveats to the legislation. It said authorities would have to ensure that password-protected content was off limits and that they would only be able to use public information pertaining to the person divulging it online. However the wording suggests that the non public data is available and can be used for other more covert reasons.

The mass collection of data is part of a three-year online monitoring experiment by the French government and greatly increases the state's online surveillance powers.

France's highest authority on constitutional matters has approved a controversial bill that gives the state sweeping new powers to spy on citizens.

The constitutional council made only minor tweaks to the legislation, which human rights and privacy campaigners, as well as the United Nations, have described as paving the way for very intrusive surveillance and state-approved eavesdropping and computer-hacking.

An 18-strong United Nations committee for human rights warned that the surveillance powers granted to French intelligence agencies were excessively broad . It said the the bill grants overly broad powers for very intrusive surveillance on the basis of vast and badly defined objectives and called on France to guarantee that any interference in private life must conform to principles of legality, proportionality and necessity .

Amnesty International warned that the French state was giving itself extremely large and intrusive powers with no judicial control.

The bill gives the country's secret services the right to eavesdrop on the digital and mobile phone communications of anyone linked to a terrorist inquiry and install secret cameras and recording devices in private homes without requesting prior permission from a judge.

Intelligence agencies can also place keylogger devices on computers that record keystrokes in real time. Internet and phone service providers will be forced to install black boxes that will alert the authorities to suspicious behaviour online. The same companies will be forced to hand over information if asked. Recordings can be kept for a month, and metadata for five years.

A special advisory group, the National Commission for the Control of Intelligence Techniques, made up of magistrates, MPs and senators from the upper house of parliament, will be consulted instead of a judge.

The French parliament has approved a controversial law extending mass snooping capabilities of the intelligence services, with the aim of preventing Islamist attacks.

The law on intelligence-gathering, adopted by 438 votes to 86, was drafted after muslim terrorists attacked the Charlie Hebdo office and a Jewish supermarket.

The Socialist government says the law is needed to take account of changes in communications technology. But critics say it is a dangerous extension of mass surveillance.

The new law define new purposes for which secret intelligence-gathering may be used. It sets up a supervisory body, the National Commission for Control of Intelligence Techniques (CNCTR), with wider rules of operation. And inevitably it authorises new methods, such as the bulk collection of metadata via internet providers

One online advocacy group, La Quadrature du Net, wrote after the vote:

Representatives of the French people have given the Prime Minister the power to undertake massive and limitless surveillance of the population.