Saturday, May 21, 2016

New technologies that provides for the future reform legislation … – Next INpact

The National Assembly yesterday adopted the bill on penal reform. The text, finalized in joint committee, only has to be approved by the Senate on 25 May. An excellent opportunity to review the measures relating to digital.

Article 1 Bis. Seizure of correspondence stored without the knowledge of the person concerned

To search and investigate offenses related to organized crime and terrorism, a magistrate may, at the request of the prosecutor, authorize access to the stored correspondence, accessible via a computer identifier.

This access will be done remotely or not, without the knowledge of the person concerned. The authorities will be allowed to enter or copy this information always fresh. In practice, the judge or the judicial police officer appointed by him, may “ require any qualified agent of a service or a body under the authority or the authority of the Minister responsible for electronic communications or trained agent of a network operator or electronic communications service provider authorized “to perform such operations. Clearly, it will be supported by the intervention of a ISP or the host of a site for such an intrusion, without the latter can not oppose it.

with regard to lawyers, judges, senators or MPs, such operations will be possible without those persons are notified in advance.

Article 2. Interception of correspondence and collection of connection data


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