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French Bill Carries 5-Year Jail Sentence For Company Refusals To Decrypt Data For Police (dailydot.com)

Patrick O'Neill writes: Employees of companies in France that refuse to decrypt data for police can go to prison for five years under new legislation from conservative legislators, Agence France-Presse reports. The punishment for refusing to hand over access to encrypted data is a five year jail sentence and $380,000 fine. Telecom companies would face their own penalties, including up to two years in jail. M. Pierre Lellouche, a French Republican, singled out American encryption in particular. "They deliberately use the argument of public freedoms to make money knowing full well that the encryption used to drug traffickers, to serious [criminals] and especially to terrorists. It is unacceptable that the state loses any control over encryption and, in fact, be the subject of manipulation by U.S. multinationals."

12 of 190 comments (clear)

  1. So just hand them encrypted data by ArmoredDragon · · Score: 5, Funny

    If they want access to encrypted data, just give it to them. If they need it decrypted, that's their problem.

  2. How do you put a corporation in jail? by BitterOak · · Score: 5, Insightful

    Who exactly goes to jail? The CEO? The CTO? The employees who supposedly know how to decrypt the data? How do you establish who has that ability? Suppose no one has that ability. Suppose the devices are designed so only the end user can decrypt the data. Do you jail the engineers who designed such devices? Do you jail the retailers who sold such devices? How does this work? How does the government prove a specific employee at a company has the ability to decrypt the data, or in the alternative, how do they prove which individual was responsible for creating a situation where the data can't be decrypted?

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    1. Re:How do you put a corporation in jail? by Tablizer · · Score: 5, Funny

      Who exactly goes to jail? The CEO? The CTO? The employees who supposedly know how to decrypt the data?

      Jail em all and let God sort it out

    2. Re:How do you put a corporation in jail? by 93+Escort+Wagon · · Score: 5, Funny

      March 3, 2015 (Reuters) - The French Assemblée Nationale today issued instructions to Juge D'Instruction Claude d'Monet, ordering that he determine the being or beings responsible for the existence of the mathematics of encryption.

      d'Monet subsequently issued a Warrant and Order to Appear to God, declaring that failure to appear by the 15th of March would result in a summary declaration of contempt, an order for His arrest, and possible forfeiture of the universe.

      Police have attempted to serve this warrant at the Notre-Dame de Paris several times, but without success.

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  3. arrogance by Gravis+Zero · · Score: 4, Insightful

    It is unacceptable that the state loses any control over encryption

    if you have such a hard-on for total control, you should NOT be part of any government.

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    1. Re:arrogance by Anonymous Coward · · Score: 4, Insightful

      Having such a hard-on for total control is the entire reason people get into government.

  4. Close Up Shop by headkase · · Score: 5, Interesting

    I would hope that corporations faced with these unreasonable demands simply close up shop in the country. Google CEO going to go to jail? Well, Google pulls out of France and has no presence. Good luck French people with your search queries. If a corporation caves to one country then it will just embolden then next country. Better to draw a line in the sand and tell them to fuck off.

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    Shh.
  5. Re:not entirely wrong by BitterOak · · Score: 4, Informative

    here's the funny thing, he was the Ambassador to France from 1776 to 1785 and he couldn't talk any sense into them.

    Ummm, that's not quite true. He did persuade them to help the Americans in their Revolution. Without that French help, we might be under the British encryption laws right now, which aren't really much better than the proposed French law!

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  6. It's not just encryption by penguinoid · · Score: 5, Insightful

    They deliberately use the argument of public freedoms to make money knowing full well that the encryption used to drug traffickers, to serious [criminals] and especially to terrorists.

    The same argument applies to cars, guns, knives, shoes... all used by drug traffickers, criminals, and terrorists. Knife companies should be required to install a failsafe so that the blades can be remotely deactivated at the government's request.

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  7. Proposal by manu0601 · · Score: 5, Informative

    This is not a signed law, this is a proposal, from opposition. And even if it passes, it also need to pass in the senate.

  8. Re:It matters. Justice Breyer "The Court & the by Aighearach · · Score: 4, Insightful

    If you accurately represented his opinion, it would indeed be shocking.

    Since you didn't, it is called a "straw man."

    There is nothing at all fringe about the idea that European law is connected to American law; indeed, English Common Law was adopted from the start. The earliest legal document that gets cited in US law is the Magna Carta; look it up if you think that was an American document. ;) The reality is that the Constitution bans "cruel and unusual" punishment, which is and always was based on the current culture. It is perfectly reasonable to look to what is considered "cruel" and "unusual" by our formal allies, especially those ones who share certain parts of common law with us. If you read the Declaration of Independence, you know that the Framers of the Constitution did indeed care about European recognition of the United States as being a valid legal entity.

    You extract his position on a specific and detailed debate, and convert it to a poorly generalized argument that is easily attacked. That is one floppy straw man.

    Maybe someday you'll care about the things you choose to talk about enough to actually read his book for yourself.

  9. Re:Fuck French Government by AlterEager · · Score: 4, Informative

    Look, I know this is slashdot, so what I'm proposing may seem radical, but RTFA.

    The new proposal echoes a bill from January 2016 that would have mandated “backdoors” into encryption in France. That backdoor bill, championed by Conservatives in the French legislature, was defeated and criticized by the current government of Prime Minister Manuel Valls.

    The new punitive legislation, which is also being criticized by the Valls government, is an amendment to a larger penal reform bill. Like its predecessor, it's unclear that this amendment will make it through to law.

    This is an amendment proposed by "Les Republicans", the opposition party, and will be rejected by the majority socialist group in the assembly. The government is against this amendment.

    Who is the fool who should be fucked?