France Considering Law Provision Allowing Police to Remotely Tap Suspects' Devices

France is set to vote on a comprehensive justice reform bill that includes a controversial provision granting law enforcement the power to remotely access the cameras, microphones, and location services of suspects' internet-connected devices, according to a report by AP.

The proposed law allows this surveillance without the knowledge or consent of the device owner or possessor, but it is limited to suspects involved in serious crimes such as terrorism and organized crime, carrying a punishment of at least five years in prison.

Provision for Eavesdropping

The broader reform bill, which includes the provision for eavesdropping, seeks to modernize penal procedures and address the public's demand for enhanced law and order. French Justice Minister Eric Dupond-Moretti emphasized the objective of the legislation to create a swifter and more efficient justice system.

However, the surveillance provision faces opposition from left-wing parties, while President Emmanuel Macron's centrist party may seek support from the conservative Republican party in order to pass the bill in the lower house of Parliament.

The Senate, controlled by the opposition right, already granted approval to the bill in May.

Dupond-Moretti defended the use of advanced surveillance methods, contending that conventional practices like wiretapping vehicles and residences are no longer effective and pose heightened risks to investigators.

The proposed alternative harnesses new technologies, enabling law enforcement to capitalize on their advantages. Although privacy concerns were raised by some parliamentarians, the minister dismissed them, asserting that exaggerated risks undermine credibility.

To address concerns and potential abuses, the legislation imposes controls on the use of high-tech spying. It limits the surveillance to crimes punishable by a minimum of five years in prison and requires approval from an investigating judge.

The purpose of accessing a connected device must be to locate someone in real-time, and the provision also allows for activating a suspect's phone camera and microphone.

What Critics Have to Say

Critics of the provision fear it will lead to abuses of power by the French police, citing previous allegations of misconduct, brutality, and racism.

They argue that the bill lacks safeguards to prevent abuse and gives too much discretion to law enforcement authorities. Some also express concerns about the broader implications for human rights, privacy, and freedom of expression.

This proposed legislation comes after France passed a law in April permitting the use of artificial intelligence and drones for mass video surveillance during the 2024 Summer Olympics and Paralympics in Paris.

Recent terrorist attacks and civil unrest have heightened security concerns in the country, prompting a government focus on maintaining safety and order.

Critics argue that the broad approach to security through mass surveillance raises questions about the state of democracy and French institutions.

The outcome of the vote will determine whether France adopts this controversial provision, navigating the delicate balance between security measures and safeguarding individual rights.