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I'm very curious as to which legal basis French authorities have had for this coordinated state-level hack. It's mentioned that they had one, but nothing more s

I'm very curious as to which legal basis French authorities have had for this coordinated state-level hack. It's mentioned that they had one, but nothing more specific, even in French media I've looked up.

TomMarius 6y ago
Police has legal rights (given they do it by protocol and with judicial oversight) for most kinds of interception and monitoring, whether they do it by force or by asking does not matter - in most or all of EU.
- fulafel 6y ago
  Not so - you need evidence backed suspicion of a serious crime in the eu jurisdictions I know of. And even then it needs to be narrowly targeted to individuals.
  - rusk 6y ago
    Not sure why you’re getting downvoted cause this is my understanding of the legality too ... In my mind the key is that it’s the French that did it ...
speedgoose 6y ago
It's explained in this French PDF : http://www.eurojust.europa.eu/press/Documents/2020-07-02_EncroChat-investigation-in-France_FR.pdf http://www.eurojust.europa.eu/press/Documents/2020-07-02_Enc...
- ciarannolan 6y ago
  Can a French speaker please give us a tldr?
  - julienfr112 6y ago
    in 2017, French Gendarmerie ( a part of the french public order system, that work outside the big city - Police is working in the big city. It's a join branch of army and interior ministry. It has a good reputation with computer, like using linux) detected phones in criminal affairs. In 2019, a project called Cerberus was create with 60 gendarmes full time working on the case. They investigated servers located in france and tapped communications of theses servers. In 2020, EncroChat issue a warning that their servers where compromised by the police. avril 2020, joint operation with the nederland police mai 2020 : all your base are belong to us Every investigation was legal and within the control of judges from the french legal system. post scripton
    - ciarannolan 6y ago
      Thanks!
  - vianneychevalie 6y ago
    A judge was heading the investigation and provided the legal go-ahead for the actions. The legal justification is twofold: evidence of organized crime uncovered in a preliminary investigation and (!) lack of declaration of cryptographic solution deployment , which is apparently a thing [0] when it’a not used for authentication or data integrity control! I’m extremely surprised by the latter, it seems that one has to declare any operational use of cryptography when it’s not for those two uses. [0] https://www.ssi.gouv.fr/uploads/2015/03/ANNEXE-I.pdf https://www.ssi.gouv.fr/uploads/2015/03/ANNEXE-I.pdf
    - speedgoose 6y ago
      The latter is indeed very surprising. I'm considering to submit a few for fun.

TomMarius 6y ago

Police has legal rights (given they do it by protocol and with judicial oversight) for most kinds of interception and monitoring, whether they do it by force or by asking does not matter - in most or all of EU.

fulafel 6y ago
Not so - you need evidence backed suspicion of a serious crime in the eu jurisdictions I know of. And even then it needs to be narrowly targeted to individuals.
- rusk 6y ago
  Not sure why you’re getting downvoted cause this is my understanding of the legality too ... In my mind the key is that it’s the French that did it ...

speedgoose 6y ago

It's explained in this French PDF : http://www.eurojust.europa.eu/press/Documents/2020-07-02_EncroChat-investigation-in-France_FR.pdf http://www.eurojust.europa.eu/press/Documents/2020-07-02_Enc...

ciarannolan 6y ago
Can a French speaker please give us a tldr?
- julienfr112 6y ago
  in 2017, French Gendarmerie ( a part of the french public order system, that work outside the big city - Police is working in the big city. It's a join branch of army and interior ministry. It has a good reputation with computer, like using linux) detected phones in criminal affairs. In 2019, a project called Cerberus was create with 60 gendarmes full time working on the case. They investigated servers located in france and tapped communications of theses servers. In 2020, EncroChat issue a warning that their servers where compromised by the police. avril 2020, joint operation with the nederland police mai 2020 : all your base are belong to us Every investigation was legal and within the control of judges from the french legal system. post scripton
  - ciarannolan 6y ago
    Thanks!
- vianneychevalie 6y ago
  A judge was heading the investigation and provided the legal go-ahead for the actions. The legal justification is twofold: evidence of organized crime uncovered in a preliminary investigation and (!) lack of declaration of cryptographic solution deployment , which is apparently a thing [0] when it’a not used for authentication or data integrity control! I’m extremely surprised by the latter, it seems that one has to declare any operational use of cryptography when it’s not for those two uses. [0] https://www.ssi.gouv.fr/uploads/2015/03/ANNEXE-I.pdf https://www.ssi.gouv.fr/uploads/2015/03/ANNEXE-I.pdf
  - speedgoose 6y ago
    The latter is indeed very surprising. I'm considering to submit a few for fun.