2023-06-23 06:00:10
As part of the new major bill brought by the Minister of Justice, an article is particularly controversial since it would come, according to some organizations, to flout the privacy of individuals.
Article 3: The heart of the controversy
Article 3 of the draft law of orientation and programming of justice carried by the Minister of Justice, Eric Dupond-Moretti, would simplify the taking of evidence. Indeed, it would allow the investigator to remotely activate the telephones without the agreement of the persons under investigation, to obtain information that might advance the investigation. This remote activation will allow investigators to trigger the cameras, the microphone or even the geolocation of the individuals targeted by these investigations.
But concretely, how does it work?
It would therefore be a question of to exploit security vulnerabilities » connected devices for introduce spyware. Some would even go so far as to say that these are backdoors (or back door in English), originally present in the device, which would allow the intrusion.
The position of the association Quadrature du Net
The association defending digital rights and the freedom of citizens sees this new regulation as a real intrusion into the privacy of individuals. In this sense, the members of La Quadrature du Net apprehend the implementation of this new survey system. They regard it as a serious breach of privacy “and a risk” of police intrusion in the private lives of individuals.
In an article, La Quadrature du Net also seeks to alert its readers to the fact that all connected devices are affected by this law. Of phone to baby monitor, our everyday devices might become real spies.
Yet similar survey practices already exist to collect information regarding offenders. Indeed, investigators have the option of installing microphones or even GPS beacons. However, La Quadrature Net clarifies that these existing measures are not only used for investigations, but also to spy on activists. This new device therefore creates more risk of intrusion.
A real concern therefore arises from this new regulation, because even if the Keeper of the Seals promises that these devices only target “organized crime and terrorism”there is no guarantee that this limitation will be effectively respected.
This new device might threaten privacy for the proper progress of the investigation. It is therefore necessary to regulate these new investigation procedures. Thus, it will be necessary to provide real privacy guarantees individuals and avoid police excesses so that the device is not used outside of its original scope.
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