The Senate gave the green light on the night of Wednesday, June 7, to a controversial provision of the Justice bill that authorizes the remote activation of cameras or telephone microphones in certain investigations, despite opposition from the left.
Article 3 of the bill of the Keeper of the Seals Eric Dupond-Moretti, examined in first reading by the senators, brings several modifications to the criminal procedure.
One of them crystallizes the concerns of the left, lawyers and associations. It provides for authorizing the remote activation of computers and other connected devices, without the knowledge of the interested parties, for two different purposes. On the one hand, real-time geolocation for certain crimes. On the other hand, the activation of microphones and cameras to capture sound and images, which would be reserved for cases of terrorism, delinquency and organized crime.
Techniques “already applied”
The Observatory of Digital and Liberties (OLN) denounced a “security escalation” that makes it possible to transform any connected object into a potential “snitch”. The left has unsuccessfully tried to eliminate all or part of provisions considered “disproportionate”. It is “the door open to widespread surveillance,” said environmentalist Guy Benarroche.
“These techniques are already applied,” said the minister, but they require the installation of beacons or microphones and cameras, which entails risks for investigators. The provision is “surrounded by important safeguards,” he added. In particular, its implementation must be approved by a judge.
Against the advice of the minister, the Senate approved an amendment by the leader of the senators LR Bruno Retailleau that plans to limit the possibility of using geolocation to crimes punishable by at least ten years in prison, compared to five years in the original text.
The left would have liked to go further, in particular in the explicit protection of journalists, in the same way that lawyers, magistrates or parliamentarians will be. Article 3 of the bill also provides, among other measures, for expanding night searches for the most serious crimes. The Senate has again approved a government amendment that allows the extension, under certain conditions, of the deadlines for the preliminary investigation.
Source: BFM TV
