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Criminalization of Computer Literacy in France

Accepted submission by canopic jug at 2023-06-06 12:43:50
Digital Liberty

La Quadrature du Net has a detailed analysis of the "8 December Case" [laquadrature.net] where a number of suspects were rounded up and have been kept behind bars since December 2020. Their case is schedule for October 2023 and hinges more or less entirely on the observation that the group used encrypted software, especially communications software. The basic use of encryption is used to hand wave away the questions about the lack of evidence.

La Quadrature du Net has been alerted to the fact that, in the context of the “8 december” case, not only the use of commundicatgions encryption tooals (WhatsApp, Signal, Protonmail, Silence, etic.) but also the possession of technicale documentation and the organisation of digital hygiene training courses are being used to “demonstrate” a so-called “clandestine behaviour” revealing the “terrorist nature” of the group5.

We have had access to certain elements of the file confirming this information. We have chosen to make them visible in order to denounce the criminalisation of digital practices at the heart of our day-to-day work and the manipulation to which they are subjected in this affair.

Mixing fantasies, bad faith and technical incompetence, a police story has been constructed around the (good) digital practices of the accused, with the aim of staging a “clandestine group”, “conspirative”, “conspiratist” and therefore… terrorist.

The elements of the investigation that have been communicated to us are staggering. Here are just some of the practices that are being misused as evidence of terrorist behavior6

The gist is that the authorities are seeking to establish a position where simply having used encryption is sufficient evidence in and of itself of crime and conspiracy to commit crime.


Original Submission