2023-10-18 04:28:00
Second stage successfully passed for the law on the security of digital space (SREN). After its adoption by the Senate at the beginning of July, the so-called “Barrot” law, named following Minister Delegate for Digital Jean-Noël Barrot, was largely adopted by the National Assembly, by 360 votes to 77, mainly those of LFI. At the end of the debates, the government received the support of LR, the PS, most of the LIOT elected officials, and benefited from the abstention of the RN, EELV and the PCF.
Concerns regarding the protection of freedoms
If the text was voted on beyond the presidential majority, it did not receive as frank support as the previous law on digital technology, the so-called Lemaire law, named following the former Secretary of State for Digital Axelle Lemaire, voted almost unanimously in 2016 to develop the data economy in France and guarantee protections for Internet users regarding their personal data.
On the contrary, the Barrot project has raised strong concerns regarding the protection of public freedoms, particularly on the side of LFI, the RN, but especially within the majority itself, among certain deputies such as Eric Bothorel (LREM) and Philippe Latombe ( Modem), as well as Jean-Noël Barrot himself (Modem), opposed amendments from their own camp aimed, for example, at banning online anonymity, a pillar of security and freedom of expression.
Digital bill: the National Assembly has not lifted anonymity on the Internet
If the National Assembly approved the idea of giving access to a “digital identity” to all French people who wish it by 2027, Internet users will not be required to have one to open an account on the networks social, as wished to impose the LREM deputy Paul Midy, also rapporteur of the text, and nearly 200 deputies of the majority, who finally reversed course.
This does not prevent the opposition from being critical of the potential attacks on the freedoms of the text, in particular La France Insoumise (LFI) which estimated through the voice of the deputy Ségolène Amiot that the government was installing “ practical tools for mass social control “. LFI should refer the matter to the Constitutional Council following adoption by a free joint committee, which should be held in December and during which senators and deputies will try to agree on a common version of the text following the numerous modifications made in second reading by the ‘National Assembly.
Anti-scam filter, cyber-harassment, cloud: the main measures of the Barrot law on digital technology
Blocking porn sites, cloud management
Building on European regulations on digital services and digital markets (DSA and DMA), the SREN bill aims to “ Red string ” the “ protection of citizens, children and businesses », Explained Jean-Noël Barrot when opening the debates, which lasted two weeks and were characterized by technical and passionate exchanges, in front of an often sparse audience.
This catch-all law notably gives the possibility to an administrative authority to block pornographic sites which do not prevent minors from accessing their content. It also gives moderation duties to large platforms, under penalty of financial penalties, in accordance with the European Digital Services Act (DSA). Finally, it creates a “ penalty of banning from social networks » for cyberstalkers, including for provocations to commit certain crimes.
More daring because in anticipation of what will be voted on at European level by the Data Act currently being discussed in Brussels, the text also proposes to regulate the cloud market, to allow more competition among IT infrastructure and service providers. . Measures welcomed by the French cloud ecosystem.
Cloud: we must protect our businesses from unfair competition
Finally, the Barrot law regulates the experimental launch of “Monetizable digital object games” (Jonum), on the border between video games and gambling. But this measure is one of the most criticized in the text. So much so that several deputies hope to see it censored by the Constitutional Council, pointing out a break in equality with online casinos.
The other point on which deputies wish to see the bill evolve is that of the protection of strategic and sensitive digital data. Several elected officials expect the joint committee to tighten the text in a version closer to that which they themselves adopted in July.
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